Problems with name change and K-1 status waiting for AOS

[Scott y Kemerlita 0]

My wife entered on K-1 on 3/3, expires on 6/1, and we were just married on 5/25. I sent AOS documents certified priority mail today (5/30) to the Chicago lockbox.

She had already obtained an SSN 2 years ago when she was in the US on a J-1 visa and went with our marriage certificate to have her name changed. However the SSA office refused to do that saying that according to her I-94 her stay is almost expired. Similar situation at the DMV to issue a state ID card.

We are worried about her being out-of-status, and not having any identification with our new married name on it for any travel, bank accounts, etc.

What normally happens in this strange time between marriage and action on AOS for K-1'ers???

[YuAndDan 153]

You wont be out of status, your status is now AOS pending, you will receive NOA1 letter for the I-485 which will prove your status.

SSA is correct, they cannot issue a new card until you either have EAD card or green-card. You need to handle things with SSA within 76 days of entry.

Time to update profile, your status is AOS pending. http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=29775

Edited May 30, 2008 by YuAndDan

[Scott y Kemerlita 0]

You wont be out of status, your status is now AOS pending, you will receive NOA1 letter for the I-485 which will prove your status.

SSA is correct, they cannot issue a new card until you either have EAD card or green-card. You need to handle things with SSA within 76 days of entry.

Time to update profile, your status is AOS pending. http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=29775

Hrm, so it was my understanding that the marriage certificate was required to change name with SSA. But if we weren't married within 76 days of her entry and didn't have it, we are stuck until AOS NOA1 proves she has her status again? Or it was possible for us to change the name on the SSN for another reason?

[YuAndDan 153]

You wont be out of status, your status is now AOS pending, you will receive NOA1 letter for the I-485 which will prove your status.

SSA is correct, they cannot issue a new card until you either have EAD card or green-card. You need to handle things with SSA within 76 days of entry.

Time to update profile, your status is AOS pending. http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=29775

Hrm, so it was my understanding that the marriage certificate was required to change name with SSA. But if we weren't married within 76 days of her entry and didn't have it, we are stuck until AOS NOA1 proves she has her status again? Or it was possible for us to change the name on the SSN for another reason?

SSN is not proof of status, I-485 NOA1 is. You will have to wait until you have EAD or green-card to get SSN card changed.

[V&Steve 0]

You wont be out of status, your status is now AOS pending, you will receive NOA1 letter for the I-485 which will prove your status.

SSA is correct, they cannot issue a new card until you either have EAD card or green-card. You need to handle things with SSA within 76 days of entry.

- Hmmm that's strange. I didn't have any problems at all with the SSA issuing me a new card with my new married name (I also had a SSN that I got 2 yrs ago when I was on a J-1).

Edited May 30, 2008 by V&Steve

[V&Steve 0]

You wont be out of status, your status is now AOS pending, you will receive NOA1 letter for the I-485 which will prove your status.

SSA is correct, they cannot issue a new card until you either have EAD card or green-card. You need to handle things with SSA within 76 days of entry.

- Hmmm that's strange. I didn't have any problems at all with the SSA issuing me a new card with my new married name (I also had a SSN that I got 2 yrs ago when I was on a J-1).

And my I-94 will also expire in June. I got the new SSN card about a week ago.

[YuAndDan 153]

And my I-94 will also expire in June. I got the new SSN card about a week ago.

When did you apply for the replacement SSN card? SSA will issue a new card if you apply for it within 76 days of entry, so if your I-94 expies June 1 and you apply for the replacement May 17 or before, then you applied for it within the time frame allowed. Edited May 30, 2008 by YuAndDan

[V&Steve 0]

And my I-94 will also expire in June. I got the new SSN card about a week ago.

When did you apply for the replacement SSN card? SSA will issue a new card if you apply for it within 76 days of entry, so if your I-94 expies June 1 and you apply for the replacement May 17 or before, then you applied for it within the time frame allowed.

Yes that makes sense now...

I applied for the new SSN card on May 12th and my I-94 will expire on June 12th. So we were within the time frame when we went to the Social Security Office.