Apply for an SSN and then get married?

[Shub 78]

I'm wondering because I seem to recall reading here that once you are married, your I-94 is no longer considered valid and therefore you no longer can apply for the SSN until you apply for EAD.

I'm just wondering because I'm entering the US next Tuesday and we're planning on getting married ASAP to avoid the new USCIS fees. Waiting ~2 weeks to apply for an SSN and get married the next day is an option, although it limits the time available for making sure my AoS application is ready before July 30th

So is there a recommended order of doing things in order to avoid potential problems, or does it not matter at all?

Right now, this is the plan in my head:

Enter US -> get married -> apply for an SSN and get the AOS/AP/EAD package squared away

Is this fine?

[featherB 1]

I think the problem is not so much that you're no longer allowed to get an SSN once you're married (I'm pretty sure that you are), but that there are plenty of SSA staff our there who are unaware of their own regulations, and will tell you you can't apply for one once you're married. If I remember right, there's no need to tell them you're married anyway (especially if you're male and won't be changing your name, you won't even have to worry about which name to put on the form). So you should be fine doing it that way - I applied for my SSN before getting married, just in case we ran into problems, but I was never asked at any point whether I'd got married yet, so... with any luck, you should be able to apply after your wedding without the subject coming up and causing a potential problem.

Another thing... you don't actually need the SSN to apply for AOS, so there's no need to wait for it to come through before sending off the package - if at the time of filing you don't have it, you can just put 'none' in the relevant spaces on the forms. That should save you added stress about whether you'll make the fee-increase deeadline or not. But you DO need to apply for your SSN before your I-94's about to run out - I think it's up to day 75 or 76 after your arrival in the country that you can apply for one, after that you won't be able to get one until you have your EAD or green card.

Good luck - and congrats on the impending wedding and suchlike!

Edited June 27, 2007 by featherB

[Krikit 1,164]

Take this document with you to the SSA office in case you run into difficulty. See also this post by I Quit. (Formerly MDYoung) You need to apply for your SSN no later than 2 weeks prior to the end date of your I-94.

My own personal experience is exactly what you have in mind and everything went fine. Congratulations on your pending marriage!

[YuAndDan 153]

We married first then applied for SSN using married name, no problem, just showed I-94, birth cert, passport with K-1, and marriage cert to the officer at the SSA office.

Note: the I-94 remains valid for the 90 days after arrival, makes no difference married or not.

[I'm Gone 60]

Take this document with you to the SSA office in case you run into difficulty. See also this post by I Quit. (Formerly MDYoung)

New and Improved

An individual with K-1 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

Note: Checking off on the DS-230 to be assigned an SSN DOES NOT apply for individuals issued K visas. That is only for individuals age 18 or older that have been issued an immigrant visa and all K visa classifications are non immigrant.

The applicant needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status. If one document is used for identity and employment authorized, another has to be provided for age.

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual that entered the United States with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

Only the marriage document (foreign or domestic) is needed to establish the name change if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

Note: State law must also allow the type of name change wishing to be made

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data such as age, date of birth or parent's names, and

-- The identifying information matches the information on his/her current Social Security number record.

The applicant will need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical information, e.g., age, date of birth or parent's names which does not match our records, e.g., the SSN record.

-- The marriage occurred within the last two years, but does not show biographical information, or

-- The marriage occurred over two years ago (with or without biographical information.)

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

You can refer SSA office personnel to EM-06064 for current procedures for a name change due to marriage:

http://tinyurl.com/f7s8l

C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

RM 00203.210 Changing Numident Name Data:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

This is in addition to proof of current lawful employment authorized status.

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

"If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence. If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document."

RM 00203.040 Reviewing SSN Evidence:

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203110

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

Primary Evidence of identity for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551 stamp in combination with an unexpired foreign passport when the I-551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/Departure Record in combination with an unexpired foreign passport

-- Form I-766, Employment Authorization card

-- Form I-688B, Employment Authorization card

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E

SSA will not accept an application filing receipt or notice of action in place of an immigration document.

Take the required documents, to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

http://www.ssa.gov/locator

Note: Individuals that live or receive mail in the Brooklyn, NY, Queens, NY and Las Vegas,NV areas must apply in person at a Card Center:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...hp?p_faqid=1412

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If the initial verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send Form G-845 for manual verification.

RM 00203.735 Requesting Online (Primary) Verification By SAVE:

http://web.archive.org/web/20051002025945/.../lnx/0100203735

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

For applications submitted after 01/06/2007 SSA offices can submit an additional electronic verification request, that in most cases eliminates the need for a Form G-845 to be sent. However, the response to the additional electronic verification request can be to send copies of the immigration document(s) under cover of Form G-845.

If your status does not verify through the initial SAVE request be sure that the secondary request has been made and return to the SSA office no more than once a week to see if the SSA office has received a response from the secondary verification request. If the G-845 is sent wait two weeks and start checking once a week for a response. Be sure to take your document whenever going into the SSA office.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the application.

You may find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

The IRS issues Individual Tax Identification Numbers for tax purposes to individuals that are not eligible to be assigned an SSN.

To be issued an ITIN Form W-7 must be submitted.

For more information you can contact the the ITIN office by calling 1-215-516-4846.

If issued an ITIN and later assigned an SSN, be sure to contact IRS to have the ITIN canceled.

When you apply for a new card card DO NOT DO NOT let them take your old card until you get the new one. Say the dog ate it.

RM 00201.080 Field Office (FO) Disposal of Returned Social Security Number (SSN) Cards:

http://web.archive.org/web/20060210014436/.../lnx/0100201080

2. Card Returned With Request For Replacement Card or New SSN

If the applicant has a card and requests a replacement card (duplicate or corrected) or a new SSN:

-- Ask the applicant to return the old SSN card. (If the applicant does not have the card with him or her, remind the applicant to return the old card to SSA for destruction or to keep the old card in a secure place [not in a wallet or purse]).

NOTE: Do not forcefully confiscate the SSN card if the applicant refuses to relinquish it. Similarly, return the old SSN card if the applicant requests that it be given back.

RM 00203.735 and RM 00201.080 were removed from the SSA Website, but the archived copy is still valid POMS procedure for RM 00201.080 and RM 00203.735 section E is still part of the current version of that POMS section as far as the one letter tolerance, no middle name and having changed your name.

[Shub 78]

Thank you all for the answers and good wishes!