This may be in the wrong forum. Please move it if necessary

We went to change my wife's name on her social security card since we are now married. We were refused because she does not yet have work authorization. I see that special rules apply if you did not receive you ssn for the purpose of working. She received hers in 2005 when coming to the United States on a J-1 Visa. Does this mean we have to wait for her EAD?


Thanks in advance.

K-1 within 76 days of entry is "Work Auth" after that, EAD or Green-card will be needed when dealing with SSA.

I got a SS card (not allowed to work) and had the name changed on it after showing the certified copy of marriage certificate... I applied for EAD after...

We had our marriage certificate with us. It made no difference.

Was your K-1 expired? Ours is by 2 days

Nope it wasn´t expired...

K-1 is work auth only for the 90 days of the I-94, after that they are NOT work auth, and will have to wait for EAD or Green-card to be work auth again.

SSA will not issue a SS Card to a person that is not work auth.

You have a SS Number so don't worry about this.

Even though your spouse cannot be issued an SSN card without proof of current work authorization, she may be able to have the name corrected on the SSN record.

RM 00203.510 D4 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.

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

http://policy.ssa.gov/poms.nsf/lnx/0100203510#D4

Once the SSN record has been corrected, she can request an SSN Verification Printout, which will provide her with proof of her SSN and the name that currently appears on the record until she is eligible to be issued an SSN card.

RM 00202.320 Issuing Numidents and SSN Verification Printouts:

http://policy.ssa.gov/poms.nsf/lnx/0100202320

Only the marriage document is needed to establish the name change if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride
takes the groom’s last name, groom takes bride’s last name, compound
name (with or without hyphen) of each spouse’s original name for
either or both parties.

Note: The type of name change requested must also be allowable under state law, i.e. groom taking bride’s last name.

-- The marriage occurred within the past two years
-- The marriage document shows sufficient identifying information
(e.g., biographical data such as age, date of birth or parent's
names), and
-- The identifying information matches the information on his/her
Social Security number (Numident) record.

The applicant may need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical
information, e.g., age, date of birth or parent's names which does
not match our records, e.g., the SSN record.
-- The marriage occurred within the last two years, but does not show
biographical information, or
-- The marriage occurred over two years ago (with or without
biographical information.

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

In name change situations when evidence of identity in the old name is required, e.g., name change occurred more than 2 years ago and the applicant does not have any acceptable evidence of identity in the old name with him or her at the time the SSN application is filed, we can request the following documentation to process the name change:

1. Name change document (e.g., marriage document) showing the old name that agrees with the name on the latest Numident record (Numident) (e.g., maiden name), and

2. Acceptable evidence of identity in the new name (name to be shown on the SSN card), excluding marriage document if it was submitted as the name change document and

3. Verification of identifying information (SSN, name(s) on latest Numident record, date of birth, place of birth, parents’ names) from the latest Numident record.

If these three documentation requirements are not met, the name change request cannot be processed under this new policy. Evidence of identity in the old name would need to be submitted per EM-06064.

Note: Refer the Social Security office personnel to EM-06064, which was issued 10/02/2006 and EM-07045, which was issued 07/03/2007 for the current procedures regarding name changes based on marriage.

https://secure.ssa.gov/apps10/public/refere...cttocategory=EM

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

When an alien applies for an SSN card, we presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change, e.g., marriage, which occurred after the immigration document was issued.

RM 00203.210 Changing Numident Name Data:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

Wow, great stuff. Thanks.

Just don't let them take the old card, since that's only going to get the SSN record updated. Will need to wait for the EAD card to get a card in the married name.