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Ricyyuly

Help! Do we need to file for SSN

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Hi All,

My fiance is here on a K1 and we will marry on June 12th. She will have been here 90 days on June 25th so things are a little last minute and I'm figuring some things out just now it seems.

We were recently looking into how we can change her last name so she can take mine and I found that it's normal for many who come here on K1 visas to apply for a SSN shortly after arriving in the US. Needless to say we weren't even aware that it was an option to file for a SSN prior to getting married and filing for AOS.

1) Is it better to file now for a SSN or will that now cause more problems because we will need to then get it changed again after the marriage?

2) We will be married on the 12th but then we won't get the certificate until who knows when, possibly after the 90 days. I've read this is not an issue as long as you get married within the 90 days. Is it true that we won't have any issues?

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: For K1 Visa Holders ::

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do

not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA

offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior

to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

Or read the full guide in the link below

http://www.visajourney.com/content/ssn

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A K-1 entrant does not have to wait 15 days, as stated above. You can apply for the SSN starting the day after arrival. As long as you can print off your I-94, then you can go ahead and apply.

You can apply up until you have at least 2 weeks left before the I-94 expires. Get it now, before marriage in the maiden name. You will file for AOS and the EAD/AP in the new married name, if changing it through marriage, and then you can have the name on the SSN changed once you have the EAD or green card in the married name.

If you do not have enough time left on the I-94, then you can wait and use the EAD or green card to get it later.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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