Filing for SSN before or after marriage, K1

[rierose 15]

Hi all,

 

I've been attempting to find an unanimous answer to my question at hand, but I've been unable to find anything, so I'm hoping somebody in here may know more!

 

I can't seem to find out whether or not you can apply for SSN using your K-1 visa after you get married, but before adjustment of status.

The situation is that my fiancé and I originally was planning on getting married within the first week of my arrival in the US legally, in order to get the greencard application started asap, and then later get married ceremonially. Due to insurance and other topics, it is quite important for me to obtain a SSN before my I-485 or I-765 would be approved. I had previously understood that you could simply go to your local social security office after two weeks upon entry, show your K-1 visa with the entry stamp, I-94 form, and SS-5 form, and you'll get sent your SSN two weeks later.

But now I am seeing a lot of people writing that you should not get married before applying for the SSN, as your K-1 would no longer be valid to use for a SSN after marrying?

 

So I have two thoughts I'm wondering about. Firstly, is this even true, that the K-1 expires after marriage and makes you illegible to obtain a SSN? That seems so backwards to me, but I would not be surprised. I guess you are no longer a fiancé but a spouse, but I thought the visa didn't expire before 90 days after entry.

 

Secondly, would it be possible to go to your social security office after the two weeks, file for the SSN, and then later that week go through with the legal marriage before receiving the SSN? I'm scared it would interfere with the process of getting the SSN in case they register the change in marital status, if it is the case that its hinged upon being an unmarried K-1 entrant.

 

I realize that it is a matter of a few weeks difference, but we have family and friends flying in for our ceremonial wedding a month after my entry and we would like to be able to be legally married at this point the latest. This issue of pushing the legal marriage in order to obtain the SSN could very well make that not possible, especially if you can't marry even after filing for the SSN initially. This is in addition to the fact it would prolong the entire greencard application process as well with at least a month and make me unable to get on my fiancé's insurance plan.

 

I hope somebody knows an answer for this or has any experience with this process.

 

Thank you for reading it through! ☺️
 

Best,

R

 

Edited September 1, 2023 by rierose

[Verrou 1,960]

The K1 visa itself is single use visa that will give you 90 days of authorization stay and you have to get marry before that 90 days is over. I wouldn’t say ur visa is “expired” like what you said, but I will say ur visa is already “used” therefore you cant use it again. 

I don’t see the reason why you can’t apply for SSN first and then get legally marry after that. Many people do that. 

 

[Mike E 11,739]

1 hour ago, rierose said:

I can't seem to find out whether or not you can apply for SSN using your K-1 visa after you get married, but before adjustment of status.

In general best results occur when you apply for an SSN:

 

* 2-10 working days after before date of entry, and

* before marriage

 

As @Ontarkie frequently points out, the SSA policy memo says a K-1  fiance(e)  is eligible to file for an SSN. 
 

Some SS workers interpret this to mean that a  married K-1 is not eligible for an SSN. 

[Ontarkie 14,191]

Yes it seems that many have had issues trying to get a SSN after getting married. They think you voided the visa or something. 

 

 

 

 

 

 

[Me and her 279]

We applied for SS# before getting married, approximately day 2 or 3 after arrival.  They can supply you with SS# that day. You can go and have legal marriage, start your adjustment process, and have your ceremonial wedding.  @Mike Estated, best times are 2-10 working days after entry, but before marriage....  Good luck!  

Edited September 2, 2023 by Me and her

[Neonred 3,541]

Your K-1 visa expired the day you entered the US.  Your I-94 is the document that shows your legal presence in the US for 90 days following entry.  

 

Used to be you needed to wait a couple of weeks to be sure your name showed up in the SAVE system so that SS could verify your presence.  Now that should happen within a day or so.  You have, I believe, 76 days following entry to get your SSN or after that time you will need to wait until you have your work document or green card.

 

The problem that most people have that wait until after marriage is a name change.  If you wait until after marriage and change your name, that new name will not show up in their search.  I would imagine that even if you were married if you applied for a SSN, did not mention marriage, and used the name that is on the I-94,  that you could still get a SSN.  It would mean a return to the SS office later to change the card to the new name.

[Richieee7777 17]

How long does it take to get a new Social Security Card after applying for a new one?

[Mike E 11,739]

1 minute ago, Richieee7777 said:

How long does it take to get a new Social Security Card after applying for a new one?

10 working days is normal

[Richieee7777 17]

12 minutes ago, Mike E said:

10 working days is normal

Thank you so much for your response.

[rierose 15]

Hi everyone,

 

Thank you so much for your thorough responses!

I will not be changing my last name, so I hopefully will not be affected by any issues in this regard.

I think our plan is then for me to file for my SSN 3-10 days upon my arrival, and then get married pretty much after this. Then of course wait for me to receive the SSN before filing for adjustment of status in order to include my SSN in the application. Otherwise, @Me and her you were able to get it the same day as your appointment it seemed? Did you just ask for it or is there a procedure for this? Thanks again

 

I will bring the print out linked to on Visajourneys showcasing that K-1 visa holders are qualified for obtaining a SSN just in case any issues at the SSN office occurs. I will be filing in the Manhattan office, if anybody has experiences here I'd love to hear about it

 

So great to have all your insights! 

Edited September 6, 2023 by rierose

[Me and her 279]

3 hours ago, rierose said:

Hi everyone,

 

Thank you so much for your thorough responses!

I will not be changing my last name, so I hopefully will not be affected by any issues in this regard.

I think our plan is then for me to file for my SSN 3-10 days upon my arrival, and then get married pretty much after this. Then of course wait for me to receive the SSN before filing for adjustment of status in order to include my SSN in the application. Otherwise, @Me and her you were able to get it the same day as your appointment it seemed? Did you just ask for it or is there a procedure for this? 

You may ask the agent for the SS# whilst you apply.  If not, it came approx 1 week later for us by mail.

Edited September 6, 2023 by Me and her

[brianytati 0]

I think I have the answers from this post but wanted to clarify: after you get the social security card (in maiden name) you go get married and then immediately file for adjustment of status in the desired changed name? Heres my question: where is this new name change at? When you sign the marriage certificate it still has the maiden name on it. So if I fill out the whole I-485 packet in the new name do I just put a copy of the marriage certificate in the packet? Anybody have experience in this on what you did?

[SP1988 24]

So did i screw up? I just got married today thought i needed to wait for marriage in order to apply for ssn with my wife changing her maiden name to my last name?

[Lil bear 4,145]

On 9/1/2023 at 3:16 AM, rierose said:

Hi all,

 

I've been attempting to find an unanimous answer to my question at hand, but I've been unable to find anything, so I'm hoping somebody in here may know more!

 

I can't seem to find out whether or not you can apply for SSN using your K-1 visa after you get married, but before adjustment of status.

The situation is that my fiancé and I originally was planning on getting married within the first week of my arrival in the US legally, in order to get the greencard application started asap, and then later get married ceremonially. Due to insurance and other topics, it is quite important for me to obtain a SSN before my I-485 or I-765 would be approved. I had previously understood that you could simply go to your local social security office after two weeks upon entry, show your K-1 visa with the entry stamp, I-94 form, and SS-5 form, and you'll get sent your SSN two weeks later.

But now I am seeing a lot of people writing that you should not get married before applying for the SSN, as your K-1 would no longer be valid to use for a SSN after marrying?

 

So I have two thoughts I'm wondering about. Firstly, is this even true, that the K-1 expires after marriage and makes you illegible to obtain a SSN? That seems so backwards to me, but I would not be surprised. I guess you are no longer a fiancé but a spouse, but I thought the visa didn't expire before 90 days after entry.

 

Secondly, would it be possible to go to your social security office after the two weeks, file for the SSN, and then later that week go through with the legal marriage before receiving the SSN? I'm scared it would interfere with the process of getting the SSN in case they register the change in marital status, if it is the case that its hinged upon being an unmarried K-1 entrant.

 

I realize that it is a matter of a few weeks difference, but we have family and friends flying in for our ceremonial wedding a month after my entry and we would like to be able to be legally married at this point the latest. This issue of pushing the legal marriage in order to obtain the SSN could very well make that not possible, especially if you can't marry even after filing for the SSN initially. This is in addition to the fact it would prolong the entire greencard application process as well with at least a month and make me unable to get on my fiancé's insurance plan.

 

I hope somebody knows an answer for this or has any experience with this process.

 

Thank you for reading it through! ☺️
 

Best,

R

 

The warning about getting the SSN before marrying is if the marraige certificate shows a name change for by the k1 holder. Unless you are changing your last name after marrying your fiancé, there  is not an issue for your SSN application 

 

Go to SSN asap.. nothing to do with you getting married. Breathe 😁 File the AOS  as soon as  have the paperwork in hand. 

The K1 “ expired “ the moment you entered the US.  Your period of authorized stay ends 90 days after entering. Getting a SSN when entering on the K1 must be done well before the 90 day ends otherwise the SSA check on your lawful stay  Status won’t get completed before the 90 days is up. Once the 90 days ends, you cannot apply for a SSN using AOS application documentation. You must wait  until you have either your employment authorization or the actual Green Card in hand. Can take months and  months .. 

[ap4295 30]

On 1/19/2024 at 10:11 PM, Lil bear said:

The warning about getting the SSN before marrying is if the marraige certificate shows a name change for by the k1 holder. Unless you are changing your last name after marrying your fiancé, there  is not an issue for your SSN application 

 

Go to SSN asap.. nothing to do with you getting married. Breathe 😁 File the AOS  as soon as  have the paperwork in hand. 

The K1 “ expired “ the moment you entered the US.  Your period of authorized stay ends 90 days after entering. Getting a SSN when entering on the K1 must be done well before the 90 day ends otherwise the SSA check on your lawful stay  Status won’t get completed before the 90 days is up. Once the 90 days ends, you cannot apply for a SSN using AOS application documentation. You must wait  until you have either your employment authorization or the actual Green Card in hand. Can take months and  months .. 

I know this is an old post, but my wife and I went to a SSA office today and the guy flat out told us he cannot give her a SSN since her K1 was "voided" once we got married because "that's what his chart say". Should I have been a Karen and demanded to talk to someone else? He is clearly wrong.