Confused about steps after marriage

[K1visaHopeful 2,848]

1 hour ago, Timona said:

If she's taking your name, easier to change her name while you send her initial package. 

 

Then just get her a SSN that way. Give or take, 2 months.

 

I mean, she just came into US. I don't see the need to get a job ASAP as she needs to get acclimated with US.

 

 

EAD is taking up to a year. 

K1 cannot work without EAD anyways. 

[OldUser 6,969]

5 hours ago, K1visaHopeful said:

Apply as "Single" and in the maiden name. Don't openly mention you are married.

I checked SS-5 but didn't see marital status question. Isn't stating being single while married considered fraud? Why would you do that to an official?

[K1visaHopeful 2,848]

16 minutes ago, OldUser said:

I checked SS-5 but didn't see marital status question. Isn't stating being single while married considered fraud? Why would you do that to an official?

Good! It used to be there as of 2019 when I had to update. 

That question is gone for good reason then...marital status is irrelevant. 

Fraud? To who lol. There is nothing official about SSA when they can pick and choose who to give SSNs to based on their understanding of the policy manual that they may or may not have even read.

You would "do that to an official" because they would think they can't issue an SSN to a K1 after marriage even though that goes against policy not to.

Marital status is irrelevant to an SSN application. I'm glad they removed the option to clarify for those "officials" that were confused. Maybe it will help K1s get their SSN when they are eligible to even if married. Hopefully it's a question they are not even allowed to ask.

[Ontarkie 14,304]

Follow with what K1visahopeful instructed to do. 

 

Starting off with married name when you apply for AOS is the easiest. Waiting more than 3 yrs to change the last name, and then all your ID, update all the Doctors, car insurance, and all the other little things here and there is a much bigger pain in the rear then doing it now. 

When you go to get the SSN don't mentioned the marriage or name changes. Many times it just confuses them and they think it voided the K1. It one reason why we recommend getting the social prior to marriage. The SSC may come if you check the box but it also may never come in. That is something that does happened a lot. By going down to the office it might come in faster. That can be helpful when adding your wife to your insurance, many HR stories on here that do not know they can add a spouse without a SSN. 

[Thunderbolt 172]

Change the name now in all the documents except SS card. As Ontarkie said, it will be pain in the glutes to do it later. 

When you go to SSA use your wife's maiden name. Card with her updated name will come after you submit I 485 packet. 

There is not such a thing on social security application to say if you are either married or single and it never was there. Not in the 90s nor now. 

[SP1988 24]

4 hours ago, Thunderbolt said:

Change the name now in all the documents except SS card. As Ontarkie said, it will be pain in the glutes to do it later. 

When you go to SSA use your wife's maiden name. Card with her updated name will come after you submit I 485 packet. 

There is not such a thing on social security application to say if you are either married or single and it never was there. Not in the 90s nor now. 

Im sorry im still a bit confused so i apologize for clarification so please explain to me as if i was 5 years old.

 

If im correct the best thing to do now is go to the SSA and apply for a SSN using her maiden name.

 

Then i fill out all forms 485 765 and 130 with my last name. Now do i still check box and section that i want SSN on those forms? Or say no cause i already applied in person for a SSN at the SSA?

 

Can i submit 485 and rest of documents immediately this week or must i wait till i get SSN in hand with maiden name that i go apply for on monday?

 

Long story short apply for SSN monday with maiden name every other document for 485 use my last name?

[Vickys_Mom 230]

18 hours ago, K1visaHopeful said:

Apply as "Single" and in the maiden name. Don't openly mention you are married.

As already noted the SS-5 doesn't have a marriage question on it at this time.

 

DO NOT misstate/lie about your current marital status to any government official.  (You don't have to volunteer everything you know, but if someone asks you a straight question give them an honest answer.)

 

If the Social Security office asks if you are married, tell them you are.  She doesn't have to put her married name on that card even if she is married.  "We'd rather she have her maiden name on her Social Security card so that it matches the name on her passport."

 

A misstatement in this case is such a small thing, and it will probably never come up later in your effort with USCIS.  But if it does it destroys years of work, thousands of dollars, and potentially your relationship.

 

Regards,

Vicky's Mom

[K1visaHopeful 2,848]

43 minutes ago, SP1988 said:

Im sorry im still a bit confused so i apologize for clarification so please explain to me as if i was 5 years old.

 

If im correct the best thing to do now is go to the SSA and apply for a SSN using her maiden name.

Yes 

43 minutes ago, SP1988 said:

 

Then i fill out all forms 485 765 and 130 with my last name.

Yes

43 minutes ago, SP1988 said:

 

Now do i still check box and section that i want SSN on those forms?

Yes. HOWEVER you have to read the section and fill it out how it applies to YOUR situation. It asks you a few. That's likely why you are not understanding because you haven't read the section. But YES, you want a REPLACEMENT card sent.

43 minutes ago, SP1988 said:

 

Or say no cause i already applied in person for a SSN at the SSA?

No. You don't want to say no. Because then you won't get an automatic replacement RESTRICTED card in her MARRIED name when I765 is approved and you'll have to go in person again.

If you say no on I485, you won't get an automatic replacement UNRESTRICTED card in her married name and you'll have to go in person again.

Understand that there are THREE types of cards:

1. Restricted with maiden name. 

2. Restricted with married name

3. UNrestricted with married name

 

Now her goal is to get #3 but she is not eligible for that right now so she can go through the steps that will get her there by applying as explained. 

43 minutes ago, SP1988 said:

Can i submit 485 and rest of documents immediately this week or must i wait till i get SSN in hand with maiden name that i go apply for on monday?

You can submit I485 after you receive your original or certified copy of your MC.

You do not have to wait for the SSN card to come. 

 

HOW you answer the questions on the I485/I765 section about SSNs depends on what you've asked right here. You MUST read the section yourself to see what I'm talking about. 

Youll answer you HAVE applied for one EVER but you won't have an SS NUMBER to enter yet so you want a replacement CARD not an original SS NUMBER.

Read the questions carefully and answer them in the moment.

43 minutes ago, SP1988 said:

Long story short apply for SSN monday with maiden name every other document for 485 use my last name?

SSA: Maiden name only. 

AOS: Married 

[K1visaHopeful 2,848]

30 minutes ago, Vickys_Mom said:

As already noted the SS-5 doesn't have a marriage question on it at this time.

 

DO NOT misstate/lie about your current marital status to any government official.  (You don't have to volunteer everything you know, but if someone asks you a straight question give them an honest answer.)

 

If the Social Security office asks if you are married, tell them you are.  She doesn't have to put her married name on that card even if she is married.  "We'd rather she have her maiden name on her Social Security card so that it matches the name on her passport."

 

A misstatement in this case is such a small thing, and it will probably never come up later in your effort with USCIS.  But if it does it destroys years of work, thousands of dollars, and potentially your relationship.

 

Regards,

Vicky's Mom

Quite amusing that one is willing to write down a false name on a government form but not keep their mouth shut about being married when it's common knowledge that SSA agents falsely quote SSA policy about being married with a K1 visa and go as far as deny them their right to an SSN which goes against SSA policy in many sections. Sounds like a lawsuit to me if one would be caught in such slight. Outcome for SSA not favorable.

[OldUser 6,969]

58 minutes ago, K1visaHopeful said:

Quite amusing that one is willing to write down a false name on a government form 

I don't think @Vickys_Mom ever suggested putting any false names on the form. Nobody is obliged to take spouse's name after marriage. Using maiden name all the way until naturalization or never changing name are perfectly normal and legal choices. While changing names may be annoying after naturalization, millions of Americans go through this every year. When immigration is not involved at that stage, it well may be easier than having mismatched names in multiple countries and USCIS files.

Edited January 21 by OldUser

[K1visaHopeful 2,848]

1 minute ago, OldUser said:

I don't think @Vickys_Mom ever suggested putting any false names on the form. Nobody is obliged to take spouse's name after marriage. Using maiden name all the way until naturalization or never changing name are perfectly normal and legal choices.

Knowing the married name is the legal name you wish to use moving forward and not using it simply because you know you *won't* be approved for one in that name is not as much lying as claiming single when married? 

 

You aren't providing your MC to SSA and you have until day 90 to be married to fulfill K1 requirements to marry.

 

If the policy manual states you as a K1 is eligible for an SSN regardless of martial status, why can one not leave that info out knowing they will likely be denied due to SSA ignorance if they say they are married?

 

There is no other reason for them to ask you your marital status other than to deny you due to their own ignorance. It's discriminatory.

[OldUser 6,969]

15 minutes ago, K1visaHopeful said:

Knowing the married name is the legal name you wish to use moving forward and not using it simply because you know you *won't* be approved for one in that name is not as much lying as claiming single when married? 

I'm not aware of thought crime penalties being enforced in this country. And there is no crime in changing or keeping name as is for whatever reason.

 

However, if false information is provided to a SSA official, it may fall under https://www.ssa.gov/OP_Home/ssact/title11/1107.htm

 

I have nothing else to add, and would leave this link for a lawyer to interpret...

Edited January 21 by OldUser

[Thunderbolt 172]

The only other option on SSC form is "Other Names Used". If your wife doesn't have drivers license with her new name then that's not a problem. If she has document issued by federal or state government put that name in that field. There is absolutely nothing false or misleading filling up the form with her maiden name. 

[makers 5]

Idk if things has changed since 2016 when I got here, but actually the ss card is not a document that will allow her/him to work, a Parole will be needed i think is the EAD, and for that you can apply while you are waiting for the green card, also, not sure if she can apply for a Driver license or Id card only with the ss card, I got mine once I had my GC. 
seems like the idea is to put her/him to work as soon as possible, but for that you will need to wait a bit

 

please guys correct me if I'm wrong

[OldUser 6,969]

1 hour ago, makers said:

Idk if things has changed since 2016 when I got here, but actually the ss card is not a document that will allow her/him to work, a Parole will be needed i think is the EAD, and for that you can apply while you are waiting for the green card, also, not sure if she can apply for a Driver license or Id card only with the ss card, I got mine once I had my GC. 
seems like the idea is to put her/him to work as soon as possible, but for that you will need to wait a bit

 

please guys correct me if I'm wrong

Both SSN and EAD are required to work.

 

Or unrestrestricted SS card (after receiving GC) and DL / state ID