Is civil marriage valid immediately?

[Jeff54321 0]

I wasn't sure where to post this, and I couldn't find any helpful information on the internet.

My fiance and I have agreed to have a civil wedding in Oklahoma. The marriage date will be somewhere inbetween December 28 and the 31st. My question is.....is the marriage valid from the day the judge performs the ceremony? (The reason why I got confused is that I read that it takes several weeks in some cases to receive the document). Another reason why I'm concerned if it's valid immiediately is that I'd like to claim the marriage on my 2009 taxes (might as well, right?)

[one...two...tree 2,762]

Yes.

Did you apply for her social security card yet?

[nowhereman 1]

I wasn't sure where to post this, and I couldn't find any helpful information on the internet.

My fiance and I have agreed to have a civil wedding in Oklahoma. The marriage date will be somewhere inbetween December 28 and the 31st. My question is.....is the marriage valid from the day the judge performs the ceremony? (The reason why I got confused is that I read that it takes several weeks in some cases to receive the document). Another reason why I'm concerned if it's valid immiediately is that I'd like to claim the marriage on my 2009 taxes (might as well, right?)

Yes it is valid immediately & yes you will have to wait for the marriage certificate (I think we waited 2-3 weeks).

[Otto 83]

It is effective the day it is signed - it may take some number of days (or weeks in some cases) for it to be recorded, but when they record it - the day it was signed is the effective date. (So if you're wanting to be able to show married the entire year of 2009, you will be fine even if you don't get the marriage certificate until later in 2010.)

In our case - we took the signed marriage license to the County Clerk's office ourselves and had it recorded within a day or so. You may be able to do this as well.

[Jeff54321 0]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport)

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Edited November 13, 2009 by Jeff54321

[NickD 203]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport)

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Check with your state laws, our marriage certificate was not valid until the marriage was consummated. Since we were married in a courthouse, we received our certificate immediately after the ceremony. And no, you cannot apply for an SS card until she either gets an EAD or a green card. EAD will cost you another 300 bucks or so, takes some time to get, so only gave us three months before my wife received her conditional card. She will get that conditional card if you are married less than two years, then you have to apply for the I-751 90 days before her second anniversary so she stays here legally. That can be a very stressful time, was for us due to extensive delays in processing. You need to gather tons of evidence that you are living together. So far, they haven't asked for videos of you having sex with her. But want you filing joint tax returns and sharing all of your possessions and paying your bills together.

[one...two...tree 2,762]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport)

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Yes you can and you should. I'd encourage you to read up on this stuff as it is important to know and will save you a headache later. USCIS recommends waiting about 10 after her POE before letting her apply for her SS# but you definitely want to get it BEFORE you marry because once she's married, her name is changed. Take her to your local SS office after her POE and all she needs is her PI passport with her Visa and I-94 that immigration usually staples into her passport. Then, after she's received her SS# and you two marry, all she needs to do is go into the SS office again and apply for a new card with her name change. It sounds like a lot of steps but believe me, this will be less trouble than trying to apply for a SS# after you are legally married.

[spookyturtle 9,466]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport)

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Check with your state laws, our marriage certificate was not valid until the marriage was consummated. Since we were married in a courthouse, we received our certificate immediately after the ceremony. And no, you cannot apply for an SS card until she either gets an EAD or a green card. EAD will cost you another 300 bucks or so, takes some time to get, so only gave us three months before my wife received her conditional card. She will get that conditional card if you are married less than two years, then you have to apply for the I-751 90 days before her second anniversary so she stays here legally. That can be a very stressful time, was for us due to extensive delays in processing. You need to gather tons of evidence that you are living together. So far, they haven't asked for videos of you having sex with her. But want you filing joint tax returns and sharing all of your possessions and paying your bills together.

How did they verify that it was consumated? And unless they have changed it, A K-1 is eligible for a SS# shortly after entry. It used to take a week or two for USCIS to enter the arriving immigrant into the system.

[Otto 83]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport) Many states list a SS Card/Number as a requirement but don't mention that this requirement can be waived if you don't have one - a clerk can and probably will tell you this.

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Within days of arriving she can apply for a ss card - simply go to your nearest SSA office and apply. Guiide to Getting a SS Card

Check with your state laws, our marriage certificate was not valid until the marriage was consummated. Since we were married in a courthouse, we received our certificate immediately after the ceremony.

And no, you cannot apply for an SS card until she either gets an EAD or a green card.

Of course you can - absolutely - SS card can be ordered/applied-for shortly after entering the US. (If that is what you're referring to).

EAD will cost you another 300 bucks or so, takes some time to get, so only gave us three months before my wife received her conditional card.

EAD doesn't cost extra - it is included in the $1010 AOS fee. (Again, if that is what you're referring to.)

[SMR 368]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport) Many states list a SS Card/Number as a requirement but don't mention that this requirement can be waived if you don't have one - a clerk can and probably will tell you this.

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Within days of arriving she can apply for a ss card - simply go to your nearest SSA office and apply. Guiide to Getting a SS Card

Check with your state laws, our marriage certificate was not valid until the marriage was consummated. Since we were married in a courthouse, we received our certificate immediately after the ceremony.

And no, you cannot apply for an SS card until she either gets an EAD or a green card.

Of course you can - absolutely - SS card can be ordered/applied-for shortly after entering the US. (If that is what you're referring to).

EAD will cost you another 300 bucks or so, takes some time to get, so only gave us three months before my wife received her conditional card.

EAD doesn't cost extra - it is included in the $1010 AOS fee. (Again, if that is what you're referring to.)

In some states (Washington, at least) you have to apply for a marriage license 3 days before the wedding. They give you the license immediately but it doesn't become effective until 3 days later. But once you get married, the marriage certificate is effective immediately.

And although consummation may be a requirement according to the books in some states, I doubt it would ever come up. Unless you had a good lawyer and wanted to prove that you weren't married. But it would be an uphill climb.

[Gary and Alla 3,694]

I wasn't sure where to post this, and I couldn't find any helpful information on the internet.

My fiance and I have agreed to have a civil wedding in Oklahoma. The marriage date will be somewhere inbetween December 28 and the 31st. My question is.....is the marriage valid from the day the judge performs the ceremony? (The reason why I got confused is that I read that it takes several weeks in some cases to receive the document). Another reason why I'm concerned if it's valid immiediately is that I'd like to claim the marriage on my 2009 taxes (might as well, right?)

Yes. A soon as he prounces man and wife. You cannot file for the AOS until you have the completed marraige certificate in hand.

[Usui Takumi 1,562]

Wow this thread is a real I opener! I didn't realize that marriage certificate practices varied so widely! In our case we were married "in" the county clerks office and we walked away with the marriage certificate right then and there.

[NickD 203]

I wasn't sure if I needed her social security card or not to marry (will find this out next Monday when I go to the courthouse to make sure I have everything in order...I thought i was fine as long as we had her birth certificate, certiicate of no marriage and passport) Many states list a SS Card/Number as a requirement but don't mention that this requirement can be waived if you don't have one - a clerk can and probably will tell you this.

I thought under normal circumstances (K1 visa), I could only apply for a social security number for her after she gets her employment authorization (which is done at the same time as the adjustment of status, which can only be done after marriage). If that's not the case, they need to update their instructions (I've been victim of instructions not being up to date several times during the visa process, haha)

Is it possible to get her social security ahead of time? If so, where do I go?

Within days of arriving she can apply for a ss card - simply go to your nearest SSA office and apply. Guiide to Getting a SS Card

Check with your state laws, our marriage certificate was not valid until the marriage was consummated. Since we were married in a courthouse, we received our certificate immediately after the ceremony.

And no, you cannot apply for an SS card until she either gets an EAD or a green card.

Of course you can - absolutely - SS card can be ordered/applied-for shortly after entering the US. (If that is what you're referring to).

EAD will cost you another 300 bucks or so, takes some time to get, so only gave us three months before my wife received her conditional card.

EAD doesn't cost extra - it is included in the $1010 AOS fee. (Again, if that is what you're referring to.)

Here is the link for applying for a SS card, www.ssa.gov/online/ss-5.pdf, required proof of USC or LPR is required at least at my local SS office. Form I-765 for an EAD card is strictly optional, not sure what package you are referring to. Perhaps we have had different experiences with the USCIS. Almost seems like 81 different USCIS's depending on the office you are assigned to. In Wisconsin, must apply for a marriage license in your county with a ten day wait, plus plenty of proof that you are old enough and free to marry.

All we can do here is to share experiences. Our SS office would not issue an SS card until we had an EAD at least and was a probationary card, changed to permanent card with LPR status, then again when my wife became a US citizen. Name change is easy when a woman walks in with a marriage certificate, but the original SS number remained the same.

[Saddle Bronc 124]

Yes. It is analogous to the Green Card being valid from the date of interview/approval (even if not received for weeks after).

[Andy-n-Maricar 6]

We were married at the county courthouse in Oklahoma. We applied for the marriage license and were married by a judge about 20 minutes later. After the ceremony we had to sign the certificate, the judge signed it, and two witnesses signed it. We then went to the court clerks office, where the certificate was completed and signed by the clerk. We got our copy of the certificate at that time, no waiting, and purchased additional certified copies for only $1.50 each. The entire process took less than an hour. The marriage is valid as soon as the judge pronounces you husband and wife. You will be able to file jointly with your wife for your 2009 taxes. If she has no SSN you can request an ITIN from the IRS.