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Filed: K-1 Visa Country: Denmark
Timeline
Posted

Hi All,

My fiance and I were approved for the K1 visa and she entered the USA on the visa on April 23, 2010. We got married on July 3, 2010 which is within the 90 day marriage rule. The visa expires on July 22, 2010. Today we went into the local Social Security office to change her name on her Social Security card. We had the official copy of the marriage certificate and her passport for ID.

We were told by the employee there that we could not change her name on her social security card because it is within 14 days of the expiration. There was nothing she could do and she told us to go and get a date extension on the K1 visa.

First of all I don't believe you can extend the expiration date of a K1 visa, right? Once you enter the US it is no longer valid.

I'm a little confused and frustrated. When can we change her name on the social security card if we're within 14 days of the K1 visa expiring? Do we have to wait until she is a permanent resident? Can she get a driver's license if her name has not been changed? What about joint bank accounts?

We are sending in the AOS packet tomorrow with EAD and Advance Parole. Any advice would be greatly appreciated.

Thanks!

Filed: Country: Philippines
Timeline
Posted

She must wait for her EAD and have her name changed...this happened to me..but the officer at SSS told me to wait for my EAD but not extend my k-1 visa..so there.. i waited my EAD then after receiving my EAD card..I went back to SSS office and I got my name changed..so far.it went well..so I have it now already... :) hope this helps :)

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Service Center :California Service Center

Consulate :Manilla, Philipines

I-129F Sent :August 04, 2009

I-129F NOA1 :August 05, 2009

I-129F NOA2 :October 27, 2009

NVC Received :November 04, 2009

NVC Left :November 04, 2009

Medical Exam: December 01, 2009

Interview: December 16,2009

Filed: Citizen (apr) Country: Australia
Timeline
Posted

My fiance and I were approved for the K1 visa and she entered the USA on the visa on April 23, 2010. We got married on July 3, 2010 which is within the 90 day marriage rule. The visa I-94 expires on July 22, 2010. Today we went into the local Social Security office to change her name on her Social Security card. We had the official copy of the marriage certificate and her passport for ID.

We were told by the employee there that we could not change her name on her social security card because it is within 14 days of the expiration. There was nothing she could do and she told us to go and get a date extension on the K1 visa.

First of all I don't believe you can extend the expiration date of a K1 visa, right? Once you enter the US it is no longer valid.

I'm a little confused and frustrated. When can we change her name on the social security card if we're within 14 days of the K1 visa expiring? Do we have to wait until she is a permanent resident? Can she get a driver's license if her name has not been changed? What about joint bank accounts?

We are sending in the AOS packet tomorrow with EAD and Advance Parole. Any advice would be greatly appreciated.

First, The VISA expired the minute she entered the US (as you said). The I-94 is what dictates her status. It expires July 22 as you said she entered April 23 so that means she only has round 8 days left for being in status.

She HAS a SSN, that's better than some people. She can be added as your wife to bank accounts etc using her married name. Show the marriage licence as proof of her name change.

She cannot get a drivers licence yet anyway. Once her I-94 expires (and now it's so close) they won't let her get one. It's state dependent of course but it's likely that like most states, she'll need the EAD or GC in order to get a licence. If her state DOES allow her to get a licence it's most likely going to be in her SSN name but you won't know till you ask.

She can use the SSN without it being in her married name (such as opening accounts, being added to health care) because it's still a valid number, you just need to remember what names its in. She will need to file taxes in her maiden name though, because it needs to match the SSN.

Lastly, you cannot change the SSN if there's less than 14 days validity on the i-94 unless she has the EAD or GC.. so she'll need to wait because no, you cannot extend the I-94.

 
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