Apply for SS Card after marriage

[jbpshsu 27]

We just got married this December 28, she was on a K-1 visa. We just wait to file for SSN till we have marriage license? Or we should go ahead with SSN and AOS process? Figured it might just be worth waiting since we won't have to change her name, correct? We can just file everything under her married name? I realize now it would have been best to get her SSN 2-4 weeks ago, but now it seems to me it would just be best to wait. Any advice would be appreciated.

[geowrian 22,337]

The suggested timeline is SSN -> Marriage -> New SSN (if name changed). While it is perfectly permitted to obtain an SSN after marriage (so long as still within the first 76 days of entry on the K-1), SSA staff sometimes refuse to do so after marriage, or refuse to issue it in a married name until they have either an EAD or green card in the new name.

Getting the initial SSN per-marriage makes having one for taxes, insurance, bank accounts, DMV purposes, etc. simpler. Updating the name is a fairly minor issue in the big picture.

You can file AOS in a married name regardless of what's on an SS card. The marriage certificate is a legal name change document.

Edited December 30, 2018 by geowrian

[jbpshsu 27]

On 12/30/2018 at 2:48 PM, geowrian said:

The suggested timeline is SSN -> Marriage -> New SSN (if name changed). While it is perfectly permitted to obtain an SSN after marriage (so long as still within the first 76 days of entry on the K-1), SSA staff sometimes refuse to do so after marriage, or refuse to issue it in a married name until they have either an EAD or green card in the new name.

Getting the initial SSN per-marriage makes having one for taxes, insurance, bank accounts, DMV purposes, etc. simpler. Updating the name is a fairly minor issue in the big picture.

You can file AOS in a married name regardless of what's on an SS card. The marriage certificate is a legal name change document.

I already got married. What is the suggestion now? Go ahead and get SS card? I totally forgot about SS card cause of all this wedding stuff (our actual ceremony is Feb. 8 but got married at courthouse), and the holidays.

[geowrian 22,337]

3 hours ago, jbpshsu said:

I already got married. What is the suggestion now? Go ahead and get SS card? I totally forgot about SS card cause of all this wedding stuff (our actual ceremony is Feb. 8 but got married at courthouse), and the holidays.

Yes, the suggestion would be to apply for an SSN still. You have until the 76th day from entry to do so (90 days - 14 days of legal status remaining required).

You can try to do so in the married name. Or you can just do so in the maiden name. Usually it's not an issue and they will agree to issue it in at least one of those.

 

You can file or AOS at any time once you have documents ready. An SSN is not required at the time of filing.

[dnyal 32]

The best is to get the SSN before marriage, but it can be done after marriage, too. The problem is the staff at the social security office might outright deny you the request until a EAD or green card is presented, specially if you want to request a name change. Why do they refuse at the SS office? There are a lot of reasons, mostly misinformation on the agents’ side. I’ve read of many people here over the years having more trouble more often than not trying to get a SSN after marriage. Still, that should not by any means discourage you to try because some have had their SSN issued after marriage with no problems.

I do advise you the following: do it as soon as possible. That rule about being able to do it up to 14 days prior to the I-94 expiration date is not always followed. I can tell from experience: I applied for my SSN 15 days after arrival with no issues, I got married the next week, and two weeks later I got my SSN in the mail. I immediately went to the social security office to apply for a name change with my marriage certificate. They did process my name change, but alas, four weeks later I got a letter in the mail from the social security administration saying they won’t issue me a replacement card with my new name because the I-94 was too close to expiry. I had applied for a name change well over a month before the expiration of my I-94!!! So, go as soon as possible.

If you can’t get a SSN for your fiancée, you should apply for a TIN directly with the IRS so you can take advantage of the “married filing jointly” standard deduction, if you both opt in to treat your fiancée as a US person for the entire 2018 calendar year (which means you will have to include her home country income in your tax return, if any).

Edited January 4, 2019 by dnyal
Typos

[geowrian 22,337]

26 minutes ago, dnyal said:

That rule about being able to do it up to 14 days prior to the I-94 expiration date is not always followed. I can tell from experience: I applied for my SSN 15 days after arrival with no issues, I got married the next week, and two weeks later I got my SSN in the mail. I immediately went to the social security office to apply for a name change with my marriage certificate. They did process my name change, but alas, four weeks later I got a letter in the mail from the social security administration saying they won’t issue me a replacement card with my new name because the I-94 was too close to expiry. I had applied for a name change well over a month before the expiration of my I-94!!! So, go as soon as possible.

It sounds like the rule was followed exactly, actually. You started the application but had to go through manual checks it sounds like. During those manual checks, you likely hit the 77th or later day from entry, which meant your application could no longer be processed.

If one were to apply on the 76th day and no manual checks were needed, they should still issue the card. the problem in your case was your application was still considered incomplete.

 

Edit: Or they made a mistake. But the timings appear to line up with the above.

Edited January 4, 2019 by geowrian

[dnyal 32]

28 minutes ago, geowrian said:

It sounds like the rule was followed exactly, actually. You started the application but had to go through manual checks it sounds like. During those manual checks, you likely hit the 77th or later day from entry, which meant your application could no longer be processed.

If one were to apply on the 76th day and no manual checks were needed, they should still issue the card. the problem in your case was your application was still considered incomplete.

 

Edit: Or they made a mistake. But the timings appear to line up with the above.

Yes, you’re totally correct in what you say. But I did follow the timeline of the manual verification on SAVE, and after a week, the status changed to “returned to Maryland.” When that happened, there were still well over 30 calendar days until the expiration of my I-94. I guess it could’ve been a bureaucratic error, like you also mention.

[jbpshsu 27]

On 1/1/2019 at 6:08 PM, geowrian said:

Yes, the suggestion would be to apply for an SSN still. You have until the 76th day from entry to do so (90 days - 14 days of legal status remaining required).

You can try to do so in the married name. Or you can just do so in the maiden name. Usually it's not an issue and they will agree to issue it in at least one of those.

 

You can file or AOS at any time once you have documents ready. An SSN is not required at the time of filing.

If done in the married name, does she need to bring the marriage license?

[payxibka 10,045]

4 minutes ago, jbpshsu said:

If done in the married name, does she need to bring the marriage license?

SSA as of recent, will not issue or change the ssn name to a name that does not match current approved immigration paperwork .  Save yourself the hassle,  you will simply get frustrated.  Get it in your maiden name and change it later 

[jbpshsu 27]

3 minutes ago, payxibka said:

SSA as of recent, will not issue or change the ssn name to a name that does not match current approved immigration paperwork .  Save yourself the hassle,  you will simply get frustrated.  Get it in your maiden name and change it later 

Ok thank you.

[jbpshsu 27]

So I am trying to print the I-94, and it is bringing up her entry from May and not from November when she came here on K-1. What do I do?

Edited January 4, 2019 by jbpshsu

[jbpshsu 27]

It does show under her travel history as arriving on the correct day in November, but doesn't show up as the I-94.

[dnyal 32]

2 hours ago, payxibka said:

SSA as of recent, will not issue or change the ssn name to a name that does not match current approved immigration paperwork .  Save yourself the hassle,  you will simply get frustrated.  Get it in your maiden name and change it later 

That’s odd. As I mentioned, I was able to get my name change. The problem was they did not send me a replacement SS card on my new name, but the letter the social security administration sent me was addressed on my new name. The letter I was given initially at the office after the name change (the one that says they will have first check your immigration status before issuing a new SS card) also had my new name.

 

2 hours ago, jbpshsu said:

If done in the married name, does she need to bring the marriage license?

Yes, bring your marriage certificate to every place and for anything immigration related. Specially if you guys submit the AOS package with her new name. Then all the NOAs will come in her new name and when you go to any government office, she will have to show her passport and the name there won’t coincide the name on the NOA (for biometrics, interview, etc.), so she’ll have to show the marriage license. Actually, the counter lady at my biometrics appointment commented how frequent was for K couples to change names and then show up without their marriage license.

She’ll have to carry and show her marriage license for other stuff, like banks. From personal experience, banks asked for my passport but I always had to submit my marriage certificate too because I wanted everything on my new name. Until she has a green card or a drivers license, both of which work as IDs, she’ll have to show her marriage certificate along with her passport. Even then, she’ll have to carry her marriage certificate (or a certified copy) if she travels overseas, regardless if she already has a green card or advance parole. The problem would be she would need to show her passport as that’s her travel document at the port of entry. Showing her green card with a name different to that on her passport won’t do it. She will have to show the marriage certificate where CBP officers can justify why the passport and the green card or advance parole name are different.

 

Again, the SSN experience varies by office. Nothing stops you from just going with all your paperwork and trying.

 

Also, this is the website you should use to retrieve the most recent I-94: https://i94.cbp.dhs.gov/I94/#/recent-search

If the form it pulls up doesn’t show her most recent entrance, wait a couple of days. They usually take around two weeks to update records. Not taking into account the government shutdown and CBP working with only essential personnel.

Edited January 4, 2019 by dnyal

[LjpRch 3]

  14 hours ago, payxibka said:

SSA as of recent, will not issue or change the ssn name to a name that does not match current approved immigration paperwork .  Save yourself the hassle,  you will simply get frustrated.  Get it in your maiden name and change it later 

Ok thank you.

 

 

My experience with my local SS office has taught me that they are ill equipped to deal with immigration related SS issues. Our first visit we went in with the attitude of blind faith just as we had with the Consulate, Biometrics, USIS office etc. I was actually quite shocked to find out that i knew more about what was going on with my wifes process than the lady sitting across the counter from me. This lady was quite intimidating and had i not been there my shy and very non confrontational wife would have just assumed she was correct.

Couples need to go to the SS office armed with all the information necessary to state their case and stick to their guns.

 

Our first brush with the SS people was actually a little comical. I really didnt do any research into what it was going to take for the SS process other than reading about it here on VJ. It seemed pretty cut and dry to me.

We got married in April 2018, 45 days after we arrived back here in US. Right away we went into SS with all the right paperwork to get a card with new name. This was a successful process after a little arm twisting.

Not knowing much about anything beyond this point, i was talking with a person waiting for the same thing and they said that when my wife got this card it would be a temp card and when she got her work authorization we would need to go back in for the permanent card........ ha ha little did i know. 

So along comes work authorization and off we go to SS office. The lady at the counter asks me what im doing there? Here for new card. Then this lady launches into this long dialog about how she doesnt get a new card yet ( of course ) but then goes on to question me as to why we were waiting to work in the first place. She insists that the K1 Visa guarantees her the right to work immediately upon entering the US.???????    hmmmmmm