Yesterday we visited SSA to get SSN.
We presented filed SS-5 form, Passport with K-1 visa and I-94, and our marriage certificate.

We asked, if we could use married name now. The answer was: “We can not use your marriage name yet, because your old name is still in the system. Go to an immigration office, request the name change (will take 3 days), and after apply for a SS card. We do not want to do double job”.

However I asked again to accept our application with maiden name. We will change name after receiving our EAD. Officer accepted our application.

That is incorrect. If your marriage certificate has your age or date of birth you can apply with the married name.

B. Procedure – Evidence of a Legal Name Change

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband’s last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner’s first names, the bride’s prior surname and husband’s surname. The marriage document alone can be accepted as evidence of identity for both the old and new names when it meets the criteria described in RM 00203.200G.2.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203200#g2

C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

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) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can find detailed information regarding changing SSN record (Numident) data on our Website at:

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

The SSA office will try to verify your status through the SAVE system while you are in the office. If they can't, they will send a form G-845 to immigration for manual verification. This could delay the assigning
of an SSN and/or issuing a card for weeks and some times months.

This may stop them from sending a Form G-845 if work authorized status can be verified in the maiden name apply with the married name:

http://policy.ssa.gov/poms.nsf/lnx/0100203735#E

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. See RM 00203.200 when the applicant presents an identity document in the new name that is more recent than the immigration document to determine if the identity document is acceptable. Tell the applicant he/she must report the name change to DHS so that DHS can update its records.

Note From Me: Procedure say to tell you to report the name change to DHS, not that the application cannot be processed.

If the SSA office does send the G-845, I suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

We had the same exact problem. My wife got her SSN in her maiden name and we'll be changing it once we get her EAD...

Wow you guys are lucky they even gave you the SSN. I went there with our marriage certificate, SS-5 form and passport with K1 visa and the woman said "Sorry, because you are married now your K1 visa is useless and you are out of status. If you had come here before you got married I could have given you the card, but now you have to wait to get your EAD."

It really sucks because I cant take my driving test, get loans etc without the SSN. They just seem so inconsistent to give some people SSN's after marriage and make others wait for the EAD. Oh well...such is the USCIS!!!

How long have you been here? If you haven't been here over 76 days you still have a chance. Which SSA office told you this?

I had only been here 3 weeks when I was told that. Now I have been here about 50 days. The SSA officer at Charleston, SC told me this. I even said "Is there no way you can give it to me" and she said NO! She said come back when I get my EAD because right now I am out of Status. It made no sense to me.
She mentioned something about me getting a letter from Immigration but I thought by the time I do that I might as well wait for my EAd. I have no idea what the hell is going on.

I have heard "here and there" on VJ about this. There seem to be scattered reports that if you try to get a SS card AFTER your K1 fiance and the USC get married, the Social Security Administration has denied the request and told some people to come back after they file AOS.

Makes no sense to me and I do not think this is official policy, but it does seem to have happened.

I think the safest thing when you apply for a SS card is to just present your passports and don't mention if you have gotten married yet.

OK you still have time. I would either go back to the SSA and ask for the office manager or try another SSA office. There was some confusion in the past that immigration offices were telling SSA office that people with K-1 status no longer had K-1 status after getting married, even though the I-94 had not yet expired. that was supposedly straightened out. Maybe this office is one that was told that in the past.

The main thing is that the marriage certificate has either the applicants age or date of birth if you want to apply with the married name, but you can still apply with the maiden name even if it doesn't show age or date of birth.

SSA will not assign an SSN or issue a card if her status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be assigned an SSN and issued a card. After that time she will need an EAD or I-551 card to establish authorization to work. Before that time the
I-94 showing K-1 status is the document that establishes authorization to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will assign an SSN and/or issue a card and the 14 day limit applies even if she passes the 76th day while waiting for her status to be verified.