Name change denied by SS office

[Rogi 1]

SS office said they can’t change my wife’s name after marriage because the K-1 visa was expired by 2 days. We filed AOS before expiration but didn’t think the SS would have an issue.

[kris&me 572]

K 1 visa expires at POE when she entered the US  it is for one time entry

 

[Lemonslice 4,852]

11 minutes ago, Rogi said:

SS office said they can’t change my wife’s name after marriage because the K-1 visa was expired by 2 days. We filed AOS before expiration but didn’t think the SS would have an issue.

Change it when you get EAD.

[Rogi 1]

1 hour ago, Lemonslice said:

Change it when you get EAD.

Thank you. That’s what the guy at SS said but we didn’t file for EAD. I guess will have to wait for AOS to process. I understand that it takes like a year.

[Lemonslice 4,852]

1 hour ago, Rogi said:

Thank you. That’s what the guy at SS said but we didn’t file for EAD. I guess will have to wait for AOS to process. I understand that it takes like a year.

You can still file for AP and th EAD - can be useful to do it even if there is no urgent need.

[Ontarkie 14,227]

~~Moved to the SSN, from K1 P&P~~

[geowrian 22,337]

You must have at least 14 days of legal status remaining in order to apply for a Social Security card, or a green card or EAD. You can file the I-765 (and I-131 for AP as well!) after the I-485 still (and with no fee). Just attach a copy of the I-485's NOA1 in lieu of payment. ETA: ~4 months

[Rogi 1]

9 hours ago, Lemonslice said:

You can still file for AP and th EAD - can be useful to do it even if there is no urgent need.

Well ....we submitted AOS application with less than 14 days remaining.

 

[Lemonslice 4,852]

1 hour ago, Rogi said:

Well ....we submitted AOS application with less than 14 days remaining.

 

Dates do not matter - You can file now for AP and EAD - can be useful to do, even if there is no urgent need.

[Illiria 980]

4 hours ago, Rogi said:

Well ....we submitted AOS application with less than 14 days remaining.

 

You misunderstand what @geowrian said

 

8 hours ago, geowrian said:

You must have at least 14 days of legal status remaining in order to apply for a Social Security card, or a green card or EAD. You can file the I-765 (and I-131 for AP as well!) after the I-485 still (and with no fee). Just attach a copy of the I-485's NOA1 in lieu of payment. ETA: ~4 months

So in order to apply for ssn you must either apply for the Ssn when you have your EAD in hand or you have your green card in hand or at least 14 days before the period of stay granted on entry is up (in the case of a k1 this is 90-14 days so less than 76 days after entering is the cutoff).

 

The 14 days referred to the getting it within the period of stay granted on presenting the k1 visa at entry.

 

If you are getting the Ssn in your married name before getting your ead or green card you must first get it in your maiden name so that it matches the save record. If you try and get it after marriage in your married name they could tell you to wait for the EAD or green card even if it is less than 76 days past entry on the k1 visa. Some have managed to name change if they have the SSN in maiden name and they have less than 76 days since entry left on the k1 visa and they have id in married name.

Edited February 8, 2018 by Illiria

[geowrian 22,337]

4 hours ago, Rogi said:

Well ....we submitted AOS application with less than 14 days remaining.

Understood. Filing for AOS grants authorized stay in the US. However, at the time of filing for any Social Security card, you must have at least 14 days of legal status remaining....meaning <=76 days after entry in your case (90 days granted at POE - 14 days of legal status remaining). When you filed for AOS doesn't matter to them as that is not a legal status.