Marriage

[stevey 0]

When my fiancee arrives in the US does she need to apply and/or receive a social security number before we get married?

[kaydee457 13]

When my fiancee arrives in the US does she need to apply and/or receive a social security number before we get married?

No. She will need to be married to apply for a SSN after marriage.

Edited February 16, 2006 by kaydee457

[Peter Miami 0]

I am not sure other will know better because I have not reached that point. But other VJ member have stated that it depends on the “state” because some states you need the SSN to get married other states you do not need it.

Good luck,

Peter Miami

[kaydee457 13]

I am not sure other will know better because I have not reached that point. But other VJ member have stated that it depends on the “state” because some states you need the SSN to get married other states you do not need it.

Good luck,

Peter Miami

Peter-

There's no "depends"...You cannot get an SSN if you're a K1 and not yet married.

If the question was whether or not you require an SSN as identification to get married then you can attach and apply the caveat "depends".

I don't read the question in that context though.

[j&js 0]

I have read posts where people needed to get their SSN before getting married...

[Chuckles 0]

http://www.visajourney.com/forums/index.ph...custom&page=ssn

[Jasman0717 8]

Claudeth applied for her social security card about two weeks after she arrived. She received it about 10 days later. After we were married we filed for AOS and EAD. Once the EAD card came we went and had her name changed on the social security card. That took about 6 weeks to arrive.

[stevey 0]

Thanks for the feedback.

[Jasman0717 8]

When my fiancee arrives in the US does she need to apply and/or receive a social security number before we get married?

No. She will need to be married to apply for a SSN after marriage.

This is not true, the beneficiary can apply for a social security card after about two weeks in country. At least that is the way it was for the K-1

I have read posts where people needed to get their SSN before getting married...

Claudeth got her's before we were married

[kaydee457 13]

When my fiancee arrives in the US does she need to apply and/or receive a social security number before we get married?

No. She will need to be married to apply for a SSN after marriage.

This is not true, the beneficiary can apply for a social security card after about two weeks in country. At least that is the way it was for the K-1

I have read posts where people needed to get their SSN before getting married...

Claudeth got her's before we were married

Well, we'll have to check with the expert, mdyoung on that. I'm not going to dispute what you've said about your fiancee but I simply don't agree that she should've been issued an SSN without actually following through with the marriage on her K1; having thought about it for a moment or two though I'm wondering if they would even know one way or the other......Hmmmm....

Edited February 17, 2006 by kaydee457

[I'm Gone 60]

When my fiancee arrives in the US does she need to apply and/or receive a social security number before we get married?

There is no requirement to apply for an SSN once she arrives here, but it would be a good idea to apply ASAP once she does. I would suggest that she do it before you get married if possible and apply for the corrected SSN card after getting married.

Waiting to apply after getting married with the married name will depend on how long she has been here at the time she applies and if the marriage certificate has her age or date of birth.

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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.

The SSA office will try to verify her status through the SAVE system while she is 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.

If the SSA office does send the G-845, suggest that she go back to the SSA office no more than once a 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."

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http://policy.ssa.gov/poms.nsf/lnx/0100203720

RM 00203.720 Verifying Immigration Documents

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

RM 00203.735 Requesting Online (Primary) Verification By SAVE

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After having waited at least 30 days and your local SSA office doesn't seem concerned about following up on the G-845 she can try contacting the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS

Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated

“second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845

to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work

days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

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Suggest that she take her birth certificate, passport and I-94 when going to apply with maiden name. That should cover age, identity and work authorized alien status.

When applying for the name change proof of age is not required.

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http://policy.ssa.gov/poms.nsf/lnx/0100203001

RM 00203.001 Evidence Required for an SSN Card

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work must provide evidence establishing age, identity and work authorized lawful alien status.

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http://policy.ssa.gov/poms.nsf/lnx/0100203020

RM 00203.020 Number of Documents Required for an SSN Card

2. Original (and new SSNs)

At least two documents are required and should be requested.

b. Aliens

A foreign born individual should always be requested to submit a foreign

birth certificate if one is in his/her possession or if one can beeasily obtained. However, if a foreign birth certificate does not exist or cannot be obtained, accept alternative evidence of age.

The DHS document (e.g., I-551, I-94, or an employment authorization document) establishes lawful alien status or work authorization and either identity or age. If the DHS document is used to establish alien

status and identity, the alien must provide another document, such as a passport or birth certificate, to establish age.

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http://policy.ssa.gov/poms.nsf/lnx/0100203200

RM 00203.200 Evidence of Identity for an SSN Card

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http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from DHS. The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

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

RM 00203.210 Changing Numident Data

The applicant may submit either:

One legal name change document showing both the old and new names (e.g., a court order for a

name change or a marriage document. The document must also show either (1) a description or

photograph of the person or (2) biographical information that can be compared with the Numident data; or

When the name change document does not show either a photograph of the person or biographical

information that can be compared with the Numident data, then, in addition to the name change document, the applicant must also submit two identity documents listed in RM 00203.200E. One of the submitted identity documents must show the old name (the name on the latest Numident record) AND the other submitted identity document must show the new name (the name to be shown on the corrected SSN card). The identity documents submitted must show either a photograph of the applicant or provide biographical information that can be compared with the Numident data.

EXAMPLE: Grace Russell submits a marriage document that does not show any biographical information for her, just her name and the name of her new husband, Daniel Reeder. To support her request to change her name to Grace Reeder, she must submit, in addition to the marriage document supporting the reason for the name change, two identity documents (both of which need to either provide some biographical information that can be compared to the Numident or a photograph that can be compared to the applicant during the interview). Grace submits a Maryland driver's license in the new name (Grace Reeder) and a U.S. passport in the old name (Grace Russell).

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.

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http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

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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, 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.

Note: Also need proof of work authorized alien status.

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http://policy.ssa.gov/poms.nsf/lnx/0100203450

RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card

POLICY - GENERAL

Each alien lawfully admitted as a nonimmigrant should have an unexpired DHS document as evidence of his/her status. An DHS letter, receipt, copy of an application form or any document not listed in this subchapter is not acceptable evidence of alien status in lieu of the appropriate DHS document.

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http://policy.ssa.gov/poms.nsf/lnx/0100203030

RM 00203.030 Requesting Documents for an SSN Card

B. POLICY - FORM OF EVIDENCE

Evidence must be:

The original document, or a copy certified by the issuing agency or custodian of the original record.

Uncertified photocopies and notarized copies are not acceptable.

A receipt from DHS showing the alien applied for the document is also not acceptable. The applicant must present the actual document.

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If they can verify her status with her maiden through SAVE this should stop them from sending the G-845 if applying with married name and I-94 still valid:

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

RM 00203.735 Requesting Online (Primary) Verification By SAVE

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 tells the SSA office to tell you to report the name change to DHS, not that it can't be processed.

There's no "depends"...You cannot get an SSN if you're a K1 and not yet married.

Wrong

[kaydee457 13]

Ok, so the "Readers Digest" version is that a K1'er can apply for an SSN in her maiden name whilst "in status"; having not expended the 90 day expiration?

True?

If so, I stand corrected.

Edited February 17, 2006 by kaydee457

[I'm Gone 60]

Ok, so the "Readers Digest" version is that a K1'er can apply for an SSN in her maiden name whilst "in status"; having not expended the 90 day expiration?

True?

If so, I stand corrected.

Please stand and be corrected. LOL

Might be long reading, but if someone is going to go into an SSA office and make their case as why they are eligible for an SSN or card or that it's time for the office to get off their butt and follow up on the application, I would like for them to know as much as the people in the SSA office should know.

Edited February 17, 2006 by mdyoung

[Chez 0]

Apply after you get married - make sure she brings her passport and also wedding certificate. The process does not take long - I received mine within 2 weeks. Once received she cannot work - until she receives permission from homeland security - it will state this one the card.

[Peter Miami 0]

Ok, so the "Readers Digest" version is that a K1'er can apply for an SSN in her maiden name whilst "in status"; having not expended the 90 day expiration?

True?

If so, I stand corrected.

I have not seen you stand, yet!

Peter Miami