Confirming timing of when Visa is approved

[Caitlin Kennedy 67]

Hi,

 

I've done some research and I want to confirm timing as I'm reading many different things. Once my fiance gets the approved visa/passport back in the mail at his house, he has 6 months to move to Chicago, then once he lands at O'Hare, 90 days to get married? Obviously he will move way quicker than that but wanted to ask.

 

Thanks,

Caitlin

[Boiler 45,499]

6 months from the medical which is probably a week or so less.

[Wuozopo 4,293]

His visa will expire around July 20, no matter when he interviews. He needs to enter the US before that.

 

His day of entry at O'Hare starts the 90 days to get married. 

[Seanandrach 39]

During the 90 days, apply for a SSN, that's something I didn't know I could do. 

[Boiler 45,499]

SSN is first thing you get.

[Just Paul 4,595]

10 minutes ago, Seanandrach said:

During the 90 days, apply for a SSN, that's something I didn't know I could do. 

Do it ASAP.  If you can't get it before 75 days you have to wait until getting EAD or Green Card.

[Seanandrach 39]

19 minutes ago, Paul & Mary said:

Do it ASAP.  If you can't get it before 75 days you have to wait until getting EAD or Green Card.

90 days was up in October so we have to wait now 😥. We posted aos yesterday and Boston seems pretty quick sorry hoping it won't be 7+ months

[Caitlin Kennedy 67]

53 minutes ago, Paul & Mary said:

Do it ASAP.  If you can't get it before 75 days you have to wait until getting EAD or Green Card.

Once we get our marriage certificate, we plan to do it all the next day

[Caitlin Kennedy 67]

You can apply for the SSN along with everything else (131, 485, 765) at the same time once you have the marriage certificate right? For the SSN, is the below correct?

Apply for Social Security Number (Form I-94):

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either. You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These documents are proof of your eligibility to file for a SSN:

 1.

The SS-5 form you downloaded and filled out. https://www.ssa.gov/forms/ss-5.pdf

2.

Your Passport (with the K-1 Visa in it)

3.

Your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94

4.

Another form of valid ID (as defined in the SS-5 instructions)

5.

You should also print document RM 10211.530 

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

Make sure to bring all the documents above because some offices have staff that are not aware that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not you could be turned away incorrectly.

Where to file?

[Just Paul 4,595]

for @Seanandrach You didn't get the SSN before you were married and before 75 days of entering the US.   You can request the SSN on the EAD I think but SSA won't process it until the EAD is approved.

 

The instruction above won't work because your I-94 expired.

 

For Cairlin you apply at a SSA office

Edited January 15, 2020 by Paul & Mary

[Wuozopo 4,293]

1 hour ago, Caitlin Kennedy said:

You can apply for the SSN along with everything else (131, 485, 765) at the same time once you have the marriage certificate right?

Social Security Administration (SSA) is a totally separate division of the government from USCIS (immigration, 131, 485, 765 etc). So it’s a separate trip to a Social Security office and not part of filing Adjustment of Status. A K1 can get a SSN without being married first, or doing the AOS application. But you need to go sooner rather than wait because for a K1, the window to get it closes about 2 weeks before the 90 days entry ends. If you don’t get it in that time, he won’t be eligible to get a SSN until he gets his work permit (EAD) card. You do NOT have to be married to get it. You can go the first week he gets here. 
 

From your post above 

“or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94”

Yours will not be on paper so you can delete that bit. Yours will be online. 
 

“You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS.”

That is all populated automatically now when they scan his passport when he enters at O’Hare. If the SSA office can’t find his exact name in their database immediately, they won’t find it if you wait and try again. The problem I see often is probably because the passport didn’t scan properly to make the name match. Sometimes the scan which creates the I-94 will run the first and middle names together like JOHNROBERT SMITH. Well that doesn’t match JOHN ROBERT SMITH so they will have to check with USCIS to Verify his entry. Nothing you can do about that other than maybe follow up with them and ask if they sent that off to USCIS yet. The worker could have just laid it aside and didn’t get it off to USCIS. They can tell you when you go to the SSA office if they find his name. If they do, the card will come in maybe a week. If they can’t find the name match and have to send it off to verify with USCIS, then it could take weeks/months. BUT he doesn’t have to have a SSN to get married or file the AOS. Separate things.

 

Edited January 16, 2020 by Wuozopo

[Caitlin Kennedy 67]

3 hours ago, Wuozopo said:

Social Security Administration (SSA) is a totally separate division of the government from USCIS (immigration, 131, 485, 765 etc). So it’s a separate trip to a Social Security office and not part of filing Adjustment of Status. A K1 can get a SSN without being married first, or doing the AOS application. But you need to go sooner rather than wait because for a K1, the window to get it closes about 2 weeks before the 90 days entry ends. If you don’t get it in that time, he won’t be eligible to get a SSN until he gets his work permit (EAD) card. You do NOT have to be married to get it. You can go the first week he gets here. 
 

From your post above 

“or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94”

Yours will not be on paper so you can delete that bit. Yours will be online. 
 

“You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS.”

That is all populated automatically now when they scan his passport when he enters at O’Hare. If the SSA office can’t find his exact name in their database immediately, they won’t find it if you wait and try again. The problem I see often is probably because the passport didn’t scan properly to make the name match. Sometimes the scan which creates the I-94 will run the first and middle names together like JOHNROBERT SMITH. Well that doesn’t match JOHN ROBERT SMITH so they will have to check with USCIS to Verify his entry. Nothing you can do about that other than maybe follow up with them and ask if they sent that off to USCIS yet. The worker could have just laid it aside and didn’t get it off to USCIS. They can tell you when you go to the SSA office if they find his name. If they do, the card will come in maybe a week. If they can’t find the name match and have to send it off to verify with USCIS, then it could take weeks/months. BUT he doesn’t have to have a SSN to get married or file the AOS. Separate things.

 

Thank you very much