Getting married then applying for Green card

[AD1 59]

Me and my fiancé are getting married this month in the court. My fiancé is on k1 visa. Of course she does not have social security yet.

 

Questions:

 

1. When can she apply for social security?

2. Does she have to file her green card forms as soon as she gets married or can she wait to apply later (we did not prepare any forms yet). I don't even know how many forms we need to file yet.

 

Any recommendations is appreciated

[powerpuff 6,705]

2 minutes ago, AD1 said:

1. When can she apply for social security?

She should have applied as soon as she got to the US. When was her entry? 
 

3 minutes ago, AD1 said:

2. Does she have to file her green card forms as soon as she gets married or can she wait to apply later (we did not prepare any forms yet).

There’s no deadline. However, not recommended to wait until she’s out of status because she would be subject to deportation.

 

3 minutes ago, AD1 said:

I don't even know how many forms we need to file yet.

The guides here on VJ are very helpful with that

[haley45 40]

11 minutes ago, AD1 said:

Me and my fiancé are getting married this month in the court. My fiancé is on k1 visa. Of course she does not have social security yet.

 

Questions:

 

1. When can she apply for social security?

2. Does she have to file her green card forms as soon as she gets married or can she wait to apply later (we did not prepare any forms yet). I don't even know how many forms we need to file yet.

 

Any recommendations is appreciated

My husband was K-1 too and applied for his social security number as soon as we got back from the honeymoon. He received it within like two weeks. I definitely recommend applying for it right after your marriage. Otherwise, you will be waiting awhile if you apply for it with the AOS. 

 

You can wait on the AOS forms, but I don't see any benefits to waiting as the wait times for an employment authorization are high. There is an AOS thread that tells you all the forms you need to file. Very helpful!

[AD1 59]

Thank you for all these info. She got to US middle of March. So we will call the social security office to make an appointment. Can we apply over the phone?

 

I wont send her forms until we get her SS or will that has any impact if we apply before we have the SS number? Thanks again

[powerpuff 6,705]

12 minutes ago, AD1 said:

Thank you for all these info. She got to US middle of March. So we will call the social security office to make an appointment. Can we apply over the phone?

You still have time until day 75 of the 90 days. They will not issue an SSN if it’s past 75 days. You need to get an appointment asap, can’t get an SSN over the phone. You don’t need to wait until marriage to apply for one. She also should apply in her maiden name because that’s what the immigration has on their records (SSA sends a request to DHS to verify her status).

 

12 minutes ago, AD1 said:

I wont send her forms until we get her SS or will that has any impact if we apply before we have the SS number? Thanks agai

You can, and should, apply ASAP whether or not she has an SSN. It has no bearing on the application.

 

Edited May 3, 2022 by powerpuff

[Crazy Cat 41,885]

2 hours ago, AD1 said:

2. Does she have to file her green card forms as soon as she gets married or can she wait to apply later (we did not prepare any forms yet). I don't even know how many forms we need to file yet.

I would file for adjustment of status before her I-94 expires at the latest.  Once she files the I-485 package, she will be granted authorized stay in the US until the I-485 is approved or denied.  The sooner she files, the sooner she will be able to travel outside the US, work, get the green card, and file for citizenship.  There are no benefits in waiting.  Use this guide:

 

 

[Mike E 11,739]

Now would be a good time to read visajourney’s guides on this process:

 

https://www.visajourney.com/guides/k1-fiance-visa/

https://www.visajourney.com/guides/k1-fiance-visa-flowchart/

https://www.visajourney.com/guides/k1-fiance-visa-tips/

https://www.visajourney.com/guides/adjustment-of-status-k1-k3-visas/

https://www.visajourney.com/guides/adjustment-of-status-tips-k1-k3-visas/

https://www.visajourney.com/guides/adjustment-of-status-tips-k2-visa/

[AD1 59]

Thank you all for your responses, I appreciate you all.

 

My fiancé never got I-94 in her passport when she entered USA on March. Only stamps of entrance to USA. How can she get a record of her I-94 since this is needed for all the forms. Thanks

[powerpuff 6,705]

11 minutes ago, AD1 said:

Thank you all for your responses, I appreciate you all.

 

My fiancé never got I-94 in her passport when she entered USA on March. Only stamps of entrance to USA. How can she get a record of her I-94 since this is needed for all the forms. Thanks

I-94 is online only:

https://i94.cbp.dhs.gov/I94/#/home
 

[RUJEN 140]

Hopefully this will help, my Fiance come here in April, just this week we applied for her SS card ( before our wedding next week ). Once her card comes in and after we are married, we will go and change her name on the card..... All the lady at the SS office looked at was her passport, the SS-5 form, and her CBP entry stamp in the passport. the process took about 15 minutes total.......

[Letspaintcookies 2,310]

2 hours ago, RUJEN said:

Hopefully this will help, my Fiance come here in April, just this week we applied for her SS card ( before our wedding next week ). Once her card comes in and after we are married, we will go and change her name on the card..... All the lady at the SS office looked at was her passport, the SS-5 form, and her CBP entry stamp in the passport. the process took about 15 minutes total.......

You won't be able to change the name until she gets her EAD or Greencard.

[Sarge2155 4,587]

8 hours ago, Letspaintcookies said:

You won't be able to change the name until she gets her EAD or Greencard.

This is correct we had to wait until she got her GC (came before EAD) although I have seen here on VJ where it depends on the state and the local SS office, but generally you will have to wait to change the name.

[AD1 59]

22 hours ago, powerpuff said:

You still have time until day 75 of the 90 days. They will not issue an SSN if it’s past 75 days. You need to get an appointment asap, can’t get an SSN over the phone. You don’t need to wait until marriage to apply for one. She also should apply in her maiden name because that’s what the immigration has on their records (SSA sends a request to DHS to verify her status).

 

You can, and should, apply ASAP whether or not she has an SSN. It has no bearing on the application.

 

I called and asked for that 75 rule. they told me I can apply anytime before 3 months is over even it was one day before as long as I am not married. If i get married then she has to wait until she gets her green card. Just sharing here. Thank you again.

Edited May 4, 2022 by AD1

[Sarge2155 4,587]

8 hours ago, AD1 said:

I called and asked for that 75 rule. they told me I can apply anytime before 3 months is over even it was one day before as long as I am not married. If i get married then she has to wait until she gets her green card. Just sharing here. Thank you again.

Take that with a grain  of salt. Even though the SSA is supposed to use uniform policies throughout itself....they don't. Again it depends on your state and then your local office. There is always an uniformed employee there!