K-1 approved, married, filing for Adjustment of Status

[raven52 233]

I am kind of confused with some of these posts, but that is my fault, but please do not make the mistake me and my wife made, "by all means get your SS card before you marry.

Your I-94 carries your to be wife's maiden name, not married name. You will have extreme difficulty if you wait until after marriage to get SS card, been there, went through that, 5 trips to

SS office and a specialist, before we got the mess straightened up.

[Unidentified 2,930]

Dang, a year, that sucks, but do things by the book. 3-4 months to work would take us into next year, which may benefit it for tax purposes, nice and clean cut year-wise.

As for a SSN before EAD, why would she need it? We do plan on getting a "non-working" SSN as soon as we get our marriage certificates, but even on the SS-5 form, I read that we need to show proof of her needing one, which I don't really know what that would be. Clearly she's not going ot have a SSN to put on the AOS and EAD forms, because we're doing all this paperwork roughly the same time.

I have heard of people having a really tough time getting a SSN after being married. It's better to go to the SSA office and get an SSN before marriage and before the I-94 expires and then go back and get the name change. Don't understand why you wouldn't get her a SSN card.

Edited August 28, 2015 by Maria&Seve

[Danielle and Jake 24]

I have heard of people having a really tough time getting a SSN after being married. It's better to go to the SSA office and get an SSN before marriage and before the I-94 expires and then go back and get the name change. Don't understand why you wouldn't get her a SSN card.

I was thinking that too, but we are married now, no going back. But we've called the SSA (last week was the most recent) a few times to gather all the information we'd need, and they actually recommended we wait until we are married to get one. They said all we need is her passport/visa, I-94 form, birth certificate, certified copy of marriage certificate, and of course I need to accompany her with my ID (drivers license will suffice). They said with all that, there is absolutely no issue of her getting a "non-working" SSN under her married name (Danielle K.). But yeah, they made a point to recommend that we just wait so we don't have to do two visits. So I don't know, I always hear different stories from different people. Her I-94 doesn't expire until October 14th, so I mean techinically we still could get one in her maiden name (Danielle P.), but bring the marriage certificate with us because that's all they said was necessary to do it with her married name.

So you, I don't plan on not getting her a SSN card. I plan on going as soon as we get our marriage certificates next week, don't get me wrong. But I've heard and read that without her EAD, she only qualifies for a "non-working" SSN, as she is a non-working visitor, in which you need to provide "evidence showing necesity of a SSN" or something like that, which I don't really know what that would entail. She needs either a SSN or ITIN in order for me to add her to my bank account, and we can get her an ITIN and we quit using it as soon as she gets a SSN, but I don't know. Now based off you guys responses, I feel like I messed up lol, but I am also going off my phone conversations with the SSA themselves, as well as a co-worker who recently got his wife a SSN when she received her EAD after living here for a few years.

[Danielle and Jake 24]

I am kind of confused with some of these posts, but that is my fault, but please do not make the mistake me and my wife made, "by all means get your SS card before you marry.

Your I-94 carries your to be wife's maiden name, not married name. You will have extreme difficulty if you wait until after marriage to get SS card, been there, went through that, 5 trips to

SS office and a specialist, before we got the mess straightened up.

See, I just called the SSA last week and discussed this very thing with them. They actually recommended I wait until after marriage to get her one because we can do it all in one trip. We just need:

Her passport/visa

I-94 form

Certified Marriage Certificate (which shows my full name, her maiden name, etc)

Her certified birth certificate

My ID (driver's license), just to prove I am her spouse

I've talked to them 3 times on the phone and got 3 different people and each one recommended doing it this way and reaffirmed that there's no issues if I have all this paperwork, which I do.

[Unidentified 2,930]

I was thinking that too, but we are married now, no going back. But we've called the SSA (last week was the most recent) a few times to gather all the information we'd need, and they actually recommended we wait until we are married to get one. They said all we need is her passport/visa, I-94 form, birth certificate, certified copy of marriage certificate, and of course I need to accompany her with my ID (drivers license will suffice). They said with all that, there is absolutely no issue of her getting a "non-working" SSN under her married name (Danielle K.). But yeah, they made a point to recommend that we just wait so we don't have to do two visits. So I don't know, I always hear different stories from different people. Her I-94 doesn't expire until October 14th, so I mean techinically we still could get one in her maiden name (Danielle P.), but bring the marriage certificate with us because that's all they said was necessary to do it with her married name.

So you, I don't plan on not getting her a SSN card. I plan on going as soon as we get our marriage certificates next week, don't get me wrong. But I've heard and read that without her EAD, she only qualifies for a "non-working" SSN, as she is a non-working visitor, in which you need to provide "evidence showing necesity of a SSN" or something like that, which I don't really know what that would entail. She needs either a SSN or ITIN in order for me to add her to my bank account, and we can get her an ITIN and we quit using it as soon as she gets a SSN, but I don't know. Now based off you guys responses, I feel like I messed up lol, but I am also going off my phone conversations with the SSA themselves, as well as a co-worker who recently got his wife a SSN when she received her EAD after living here for a few years.

Most people I have seen got a non-working SSN before marriage and a working SSN right after marriage though I could be wrong. I got my working SSN with my new name on it after marriage though I've had a SSN since 2011.

[Shauneg 762]

Don't forget in all the "others/previous names used blocks to put her maiden name, COMMON MISTAKE TO LEAVE IT BLANK AND RFE CITY!

[KayDeeCee 4,893]

As a K-1 entrant, you are legal alien allowed to work and therefore eligible for an SSN right after entry. You can use the I-94 up until it has 2 weeks left before it expires. To avoid hassles and delays, it is suggested to apply for the SSN in your maiden name so it matches the name on your I-94, passport and visa. You can apply in your maiden name even if you already married. Then apply for AOS in your married name, and go back and change the name on the SSN when you receive the EAD in your married name.

What is a 'non-working' and 'working' SSN? The SSN you receive will have a stipulation on it that states, 'VALID FOR WORK ONLY WITH DHS AUTHORIZATION'. That will be on the card whether you get the SSN with the I-94 or the EAD. The EAD is the DHS authorization you need. That stipulation will remain on the card until you return to the SSA to update your status once you are a permanent resident and have a green card. The number will never change.

[Danielle and Jake 24]

Don't forget in all the "others/previous names used blocks to put her maiden name, COMMON MISTAKE TO LEAVE IT BLANK AND RFE CITY!

Thanks for reminding me, I think I got all those, but I'll double check.

[Danielle and Jake 24]

As a K-1 entrant, you are legal alien allowed to work and therefore eligible for an SSN right after entry. You can use the I-94 up until it has 2 weeks left before it expires. To avoid hassles and delays, it is suggested to apply for the SSN in your maiden name so it matches the name on your I-94, passport and visa. You can apply in your maiden name even if you already married. Then apply for AOS in your married name, and go back and change the name on the SSN when you receive the EAD in your married name.

What is a 'non-working' and 'working' SSN? The SSN you receive will have a stipulation on it that states, 'VALID FOR WORK ONLY WITH DHS AUTHORIZATION'. That will be on the card whether you get the SSN with the I-94 or the EAD. The EAD is the DHS authorization you need. That stipulation will remain on the card until you return to the SSA to update your status once you are a permanent resident and have a green card. The number will never change.

Thanks for the input!

That's what we figure our "worst case scenario" is right now. Danielle's i-94 expires in about 6-7 weeks, and we are planning on going to the SSA office next week, so plenty of time. I reckon we'll just do it however we can once we get there? If we have to do it in her maiden name and come back later to change, so be it. Just odd because it seems like everyone here says it can't really be done with married name very easily, which is contrary to what the 3 different representatives said each of the 3 different times I have called in the last month. Each of them assured (and even recommended strongly) that we get married and just come in with our marriage certificate, along with other information needed, and we will just as easily get one with her new married name because they assured me with all legal paperwork, they can "do the math" and all that.

[military-wife 9]

get the SSN as soon as possible before her visa expires. TRUST ME, we made that mistake and now we have to wait until EAD is issued because they will not give me a SSN within 2 weeks (now it is expired).

[Danielle and Jake 24]

get the SSN as soon as possible before her visa expires. TRUST ME, we made that mistake and now we have to wait until EAD is issued because they will not give me a SSN within 2 weeks (now it is expired).

No doubt, don't get us wrong, as I said, we're doing it next week, and we have 6-7 weeks until her I-94 is expired, so next week is safe enough.

Also, another question in general for this paperwork:

Form I-485 requires two passport style photos with it (as noted in the directions), same with form I-765. If I file them together, I pay one fee, but do I only need to submit 2 passport style photos of Danielle in total, or do I need 2 for each form?

[Unidentified 2,930]

No doubt, don't get us wrong, as I said, we're doing it next week, and we have 6-7 weeks until her I-94 is expired, so next week is safe enough.

Also, another question in general for this paperwork:

Form I-485 requires two passport style photos with it (as noted in the directions), same with form I-765. If I file them together, I pay one fee, but do I only need to submit 2 passport style photos of Danielle in total, or do I need 2 for each form?

2 photos per form.

I recommended filling out the I-131 as well for travel as otherwise she won't be going back to Canada until Green Card and trust me, it is so nice to have if an emergency comes up.

So if you file all 2 forms you will need a total of 6 photos.

[Danielle and Jake 24]

2 photos per form.

I recommended filling out the I-131 as well for travel as otherwise she won't be going back to Canada until Green Card and trust me, it is so nice to have if an emergency comes up.

So if you file all 2 forms you will need a total of 6 photos.

I think you meant "all 3 forms" in that sense, but yeah, thanks for the answer! We'll get those done today because we can go get them taken and they'll be ready 30 minutes later. Only thing is they start out only giving you 2, and extras mean extra cost, which sucks, but oh well.

And yeah, I was gonna file the I-131 for her, I assume she should put her married name on the form, and then if there's any "list other names" parts, put her maiden name? I believe earlier in this thread you said it should look like the sample form once we're done for our case. Sorry if this is a stupid question, but is that sample form on USCIS or some other site? I just want to reference it as I fill it out.

[Danielle and Jake 24]

Also, we are printing and signing most of the paperwork today, and as everyone here has said, Danielle should fill out the paperwork with her married last name, so Danielle K., and fill in any "other name" boxes with her maiden name, Danielle P.

Now when it comes to the end, and it's time for her to actually sign and print her name, I assume she should sign it with her married name, Danielle K., correct?

[Unidentified 2,930]

I think you meant "all 3 forms" in that sense, but yeah, thanks for the answer! We'll get those done today because we can go get them taken and they'll be ready 30 minutes later. Only thing is they start out only giving you 2, and extras mean extra cost, which sucks, but oh well.

And yeah, I was gonna file the I-131 for her, I assume she should put her married name on the form, and then if there's any "list other names" parts, put her maiden name? I believe earlier in this thread you said it should look like the sample form once we're done for our case. Sorry if this is a stupid question, but is that sample form on USCIS or some other site? I just want to reference it as I fill it out.

Yes, I meant 3, sorry about that

Yes everything should be filed in her married name and where it says to put maiden name or other names just put her maiden name I haven't seen a sample form on USCIS but there's sample forms here on VJ under "Example Forms".