SSN Card Help on K1 Visa

[Maggzz 3]

In short, I'm currently here in the US under a K1 visa. I arrived in August and got married a week ago in Sept. We went to the SSA office and were told we could not get a SSN yet.  Help!

 

Details:

 

I arrived here last Aug 16, 2019 and got married sept. 15, 2019. Just last Friday sept 20,2019 my husband and I went to SSA to get a SSnumber filled out application form under married name but failed to give me one as the clerk told me that it's a mismatched. And told me too that i should call USCIS to change the visa satus to K3. We got confused we dont know what to do. Please help us as i need to have my SSN so i could drive, include me to my husbands bank account and other benefits in the future,etc. Thank you and looking forward to your advice regarding this matter.

[Dashinka 24,485]

3 minutes ago, Maggzz said:

Hi there, i am currently here in th USA under k1 visa. I arrived here last Aug 16, 2019 and got married sept. 15, 2019. Just last Friday sept 20,2019 my husband and I went to SSA to get a SSnumber filled out application form under married name but failed to give me one as the clerk told me that it's a mismatched. And told me too that i should call USCIS to change the visa satus to K3. We got confused we dont know what to do. Please help us as i need to have my SSN so i could drive, include me to my husbands bank account and other benefits in the future,etc. Thank you and looking forward to your advice regarding this matter.

You will need to apply for the SSN using the name on your foreign passport to make it easier on yourself.  You can change it later using either your EAD/AP or Green cards.  The SSA should be able to do it in the married name, but when you add immigration into the mix, it is best to make it as simple on them as possible.

 

Good Luck!

[Nitas_man 3,100]

K3 visaholders can’t get a SS number (at all) until EAD is approved.

 

If you did not file for a SS card on yoir K1 visa before you got married then based on our experience you can’t get one until you have filed AOS and you receive work authorization.

 

 

 

[Maggzz 3]

Thanks @Bill & Katya I will try and go back there within the week. My other worry is that since I went there and filled out the form they might have already my record as married. Thanks

[Dashinka 24,485]

4 minutes ago, Nitas_man said:

K3 visaholders can’t get a SS number (at all) until EAD is approved.

 

If you did not file for a SS card on yoir K1 visa before you got married then based on our experience you can’t get one until you have filed AOS and you receive work authorization.

 

 

 

Not entirely true.  My wife entered on a K1, we got married two weeks later, and a week after that applied for the SSN.  She had to apply in her maiden/foreign passport name, but she was able to apply and she received a SSC in about 2 weeks.

[geowrian 22,337]

2 minutes ago, Maggzz said:

Thanks @Bill & Katya I will try and go back there within the week. My other worry is that since I went there and filled out the form they might have already my record as married. Thanks

Well you are married, so that's not an issue. But that doesn't mean they cannot issue a card in a maiden name if that's the only one they will accept.

 

Technically they should accept the married name as it came into existence via a legal name change document (the marriage certificate) after the most recent form of ID and status was issued. The challenge is finding somebody at the SSA who knows this part of the POMS and will recognize it. It took my wife 3 tries at the SSA.

[Maggzz 3]

Thanks @Nitas_man for that but still kinda sad if I will have to wait for the AOS, may I know if up to when I can apply for the AOS as we are thinking of applying for AOS on January 2020 would that be possible?,anyone here have an experience applying for an AOS beyond the 90days? As not only me as k1 I travelled with my daughter who is 19years old now under k2 visa. Many thanks

[geowrian 22,337]

Just now, Maggzz said:

Thanks @Nitas_man for that but still kinda sad if I will have to wait for the AOS, may I know if up to when I can apply for the AOS as we are thinking of applying for AOS on January 2020 would that be possible?,anyone here have an experience applying for an AOS beyond the 90days? As not only me as k1 I travelled with my daughter who is 19years old now under k2 visa. Many thanks

You can apply for AOS at any point after marriage within 90 days.

That said,  you will be out of status and without authorized stay between the end of the 90 days and when you file. I would not suggest doing so if it can be avoided....there is always the risk of being detained in that state and then it gets more complicated (and possibly expensive).

[Maggzz 3]

Thanks so much @Bill & Katya for giving me hope I will definitely give it a try. How about if I apply online for the mean time would it complicate u think

[Dashinka 24,485]

1 minute ago, Maggzz said:

Thanks @Nitas_man for that but still kinda sad if I will have to wait for the AOS, may I know if up to when I can apply for the AOS as we are thinking of applying for AOS on January 2020 would that be possible?,anyone here have an experience applying for an AOS beyond the 90days? As not only me as k1 I travelled with my daughter who is 19years old now under k2 visa. Many thanks

A lot of folks have experience applying for AOS outside of the 90 days.  There is no defined USCIS requirement/deadline for filing, but you are out-of-status until the I485 is filed.  There are some experiences out there that were negative.  In general, the recommendation you will receive here is to file the AOS as soon as possible after a K1 wedding (i.e. after the marriage certificate is ready).

 

Good Luck!

[Hank_ 9,174]

45 minutes ago, Maggzz said:

Hi there, i am currently here in th USA under k1 visa. I arrived here last Aug 16, 2019 and got married sept. 15, 2019. Just last Friday sept 20,2019 my husband and I went to SSA to get a SSnumber filled out application form under married name but failed to give me one as the clerk told me that it's a mismatched. And told me too that i should call USCIS to change the visa satus to K3. We got confused we dont know what to do. Please help us as i need to have my SSN so i could drive, include me to my husbands bank account and other benefits in the future,etc. Thank you and looking forward to your advice regarding this matter.

The name in the SAVE database (info from your K-1 visa) is your maiden name and that is what the clerk was referring to, some SSA offices are real sticklers about following the SAVE database.   That was terrible advice on the part of the SS clerk to say apply for a K3 visa .. idiot.

 

For now get the SS card in your maiden name, not a big deal, then bring a copy of your marriage certificate with you (just in case) when you add your name to bank accts, insurance & such..  When you get your EAD card or green card (which should be in your married name) you can go back to SSA and get your name updated to your married name.

 

 

Edited September 23, 2019 by Hank_

[Maggzz 3]

Hi there @Hank_ it was nice to hear from you again, i have other worries too what if the married name is already in their database? and insist on what theyre saying how would i explain it to them? thanks so much

 

 

[Hank_ 9,174]

30 minutes ago, geowrian said:

Well you are married, so that's not an issue. But that doesn't mean they cannot issue a card in a maiden name if that's the only one they will accept.

 

Technically they should accept the married name as it came into existence via a legal name change document (the marriage certificate) after the most recent form of ID and status was issued. The challenge is finding somebody at the SSA who knows this part of the POMS and will recognize it. It took my wife 3 tries at the SSA.

Yes technically SSA should, but most clerks at SSA follow the SAVE database .. and there is no amount of "facts" per the SS-5 that can change their minds.   Just a temporary setback until they get their EAD/green card.

 

We got lucky, the SSA clerk processing the SSN for my wife had no issue, all he wanted to see was a certified copy of the marriage certificate.    

[Hank_ 9,174]

3 minutes ago, Maggzz said:

Hi there @Hank_ it was nice to hear from you again, i have other worries too what if the married name is already in their database? and insist on what theyre saying how would i explain it to them? thanks so much

 

 

 

Like a bad penny, I keep showing up ..     

 

Your married name won't show up in the SAVE database because you entered the USA with a K-1 visa.    

 

If you haven't filed your I-485 (AOS) yet, make sure to include the I-765 (free to file with the I-485) this will get your EAD (Employment Authorization Document) with that you can do EVERYTHING (almost) you can get your driver's license, get your name updated with SSA ...       ... and find a job.   

[Maggzz 3]

oh wow. thanks so much @Hank_ for this info. Just a clarification, you saying that it would be possible too to apply the AOS on January 2020, we would just have to apply I485 with I765? and pay the AOS fee when u think?