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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

thejoz
Hey,
In reading over the K1 flowchart that's on here, I am looking ahead to post-Visa steps, since Amy just got her stuff on my end and she should have her interview relatively soon.

Then I notice this:

QUOTE
16: Apply for Social Security Number

17: Apply for marriage certificate

18: Get Married

19: Change name on SSN:


...Is it really necessary to apply for it, go through the marriage process, and then get it changed? It seems counterintuitive to me. Can't we just get her here, get married, then apply for an SSN with her new name? If we can't for some reason, why can't we do this?

I know it's still a little ways away, but I'd like to know now so we don't have to worry when we get to that step. Thanks.
fwaguy
It is because the SSA needs to verify you immigration status with DHS and if you apply in your married name they get hearburn because the names are different
MarkNAshley
I have heard people do it both ways. We are applying for it now, after our wedding. I will listed both my maiden name and married on the application so that way they will have both names if it is needed. Either way, it is important that you wait at least two weeks after crossing the border to apply.
garya505
I think it's easier to get the SSN in maiden name first, then change the name after marriage.
Apply using maiden name, 2 weeks after entering the US.
Then you can change the name any time after getting your marriage certificate (no rush).



kaydee457
In my locality my wife was not allowed to use her married name; they insisted on using her maiden name which was associated with her K1 Visa.

They insisted that she could not change it until she had her green card, or EAD.

garya505
QUOTE(kaydee457 @ Feb 15 2008, 04:34 PM) *
In my locality my wife was not allowed to use her married name; they insisted on using her maiden name which was associated with her K1 Visa.

They insisted that she could not change it until she had her green card, or EAD.


Same here. That's why I tell people to just go with that.
malego77
I applied for my SSN as a maiden name the same day that I arrived to US. After I changed for the married name. I think there won't be any problem due to the SSN is the same number only the names changed.
Converse34
I would DEFINITELY apply about 2 weeks after the POE. Some people have waited too long after the I94 has expired but BEFORE they received EAD or their CG and have then had trouble receiving one. Depending on where you live, but generally you need SSN to get a driving license, bank accounts, utility bills in your spouses in name (helps for AOS interview).

So without a doubt, apply before in the maiden name. Get married and then go back and change the name, if you have a good office, it is pretty painless. But if you live in an area where they may not see a lot of K1s, bring all of your documentation with you.
Krikit
I applied in my married name and got it. The clerk had never dealt with a K-1 visa holder before so was hesitant to accept the application. I did have to insist that it was all legal and above-board, and point out the sections in SSN policy where it stated so. She then went to speak with a supervisor who was able to step her through the process.

Worst case scenario.... apply in her married name and, if you hit some roadblocks, allow them to process it in her maiden name then change it back when she adjusts status. Make sure you apply before the 76 days from the entry date is up. 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.
tashyta
You can apply for SSN right away after arrival, but don't wait too long cause they have certain period of time when they can give it to you (I don't quite remember, I think at least 15-20 days before your I-94 expiration). Plus your fiancee will be able to work before marriage. In this case, at the airport I believe the immigration officer is supposed to put certain type of stamp, that she is able to work. After marriage she will have to change SSN due to her lt name change. I think you can do it both ways. But just in case, you'd better apply for SSN before and after marriage.

How I know all this? We went to apply for my SSN 10 or 11 days before my I-94 expiration and the officer told me that it's too late and we were supposed to come there at least 5 days earlier.

You can find everything out there at the SSN office. Just to be sure you're doing everything right smile.gif
second stage
QUOTE(thejoz @ Feb 15 2008, 06:01 PM) *
...Is it really necessary to apply for it, go through the marriage process, and then get it changed? It seems counterintuitive to me. Can't we just get her here, get married, then apply for an SSN with her new name? If we can't for some reason, why can't we do this?


If you apply on the married name, you'll have to go thro' DHS verification(may take few weeks) since you entered the country on the maiden name and now you are applying for SSN based on married name.

we applied on the married name since we didn't want to goto the SSA office twice...If you want to avoid additional trips, just apply on the married name.
Texanadian
Yes, yes, yes, apply before marriage. Preferably 2 weeks after they've come into the US.

1) To file married-joint, you need a SS number or a taxpayer #. Getting the SS number is the preferred route.
2) If you can/want to work, the SS card is needed.
3) Need the SS number for a bank account. (Can use the taxpayer # but again, this is just easier to go the SS number route).

4) Who knows how long the wait will be for an EAD or green card. You want the SS number while you're waiting for AOS/EAD.
I Quit
As long as your K-1 status isn't within 14 days of expiring they should accept the application before or after you are married. If you can provide the required documentation it also shouldn't matter if you use the maiden or married name.
However, as others have said some offices might not have ever processed an SSN application for a K-1 and start coming up with goofy stuff like, "now that you are married, you need to apply for a K-3." The thing that throws some of them is the POMS procedure in RM 00203.500 says K-1 - fiancé of U.S. citizen and K-3 - spouse of U.S citizen so you are now married you are a spouse of U.S. citizen and must need a K-2 visa and an EAD card to be assigned an SSN.

If you want less hassles, apply in maiden name and don't say anything about being married. If you insist on going with the married name first or go back for the name change point this out to them:

RM 00203.210C. Procedure - Immigration Document as Evidence of Legal Name

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:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203210


RM 00203.735 E. PROCEDURE - ONLINE SAVE QUERY RESPONSE INFORMATION DOES NOT AGREE WITH IMMIGRATION DOCUMENT

1. Name

e. Applicant Has Changed His/Her Name But SAVE Query Response Shows Old Name

In some cases, the applicant may have changed his/her name after DHS issued the immigration document (e.g., he/she has married and is now using the spouse’s last name) but does not present an immigration document showing the new name. In these cases, the DHS system reflects the new name only when the person provided the name change information to DHS and requested to have his/her immigration record changed to show the new name. When the SAVE query response shows the old name that is shown on the immigration document presented and not the new name on the identity document presented, do not consider this a name discrepancy for enumeration purposes.


RM 00203.735 Requesting Online (Primary) Verification By SAVE:

http://web.archive.org/web/20051002025945/.../lnx/0100203735
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Plus this should throw them, tell I can change the name on my SSN record to my married name even if my status has expired, so why can't I do it now while my status is still valid.

RM 00203.510 D. PROCEDURE - SSN CARD REQUEST BY ALIEN NOT AUTHORIZED TO WORK

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card. (suppress issuance of the card, and see RM 00202.320 for providing SSN Verification Printouts.)

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510
zgundam
Just my experience, I thought the same thing and have now run into some problems/delays. Follow the guide and apply before getting married.

honeysweet
i was married 3 days i got here, then apply for my SSN 3 days after with my married name. it took 1 1/2 months for them to process and send my SSN.

as what almost everyone says here, you might apply for it before getting married. you might also consider getting a state ID and driver's permit/license before I-94 expires.

GOD BLESS!

ana
Cassie
I applied for my SSN 1 month after I was married, and before I applied for AOS/EAD/AP. I received my card in 8 days. it can be done successfully after marriage.
john_and_marlene
Marlene applied after marriage.
one_day_at_a_time
I, too, applied after I was married - NO FUSS. Received card within 2 weeks
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