When do get SSN?

[Luz & Mark 0]

Hi - My wife arrived on K1, we got married and have filed AOS paperwork. My lawyer has told me I need to wait until the EAD arrives before I can apply for SSN? Any help would be appreciated.

[ingjohanna 0]

hi!! let me tell u my experience: my husband he came with a k-1 visa on december 20/06,well on december 28 he applied for his SSN and he didn't have any problems, they didnt asked for his EAD, and he got his SSN a week later...(he brought his passport & i-94) i hope this can help u figure out.... yuo can go to SSN nearest office and find out.. not all offices are that easy... good luck

[Jasman0717 9]

She could have applied for the SSN two weeks after she arrived. That is what we did with Claudeth arrived. mdyoung will probably give you information about the procedure now. I think you might have to wait to receive a document such as the EAD if you filed the AOS in her married name. We couldn't change Claudeth's name until we received the EAD. Good luck

[Autumnal 25]

I had a miserable time of it! Way too long: my moral of the story, keep up with SSA if you aren't receiving anything. Also bring along your marriage certificate to prove change of name if the spouse wants the married name.

[I'm Gone 60]

Hi - My wife arrived on K1, we got married and have filed AOS paperwork. My lawyer has told me I need to wait until the EAD arrives before I can apply for SSN? Any help would be appreciated.

Unless she has been in the U.S. 76 days or more she is still eligible to apply without needing an EAD card. The name under which she applies is another matter. If the marriage certificate has either her age or date of birth, that plus her birth certificate and I-94 should allow her to apply with the married name. If it doesn't she should still be able to apply with the maiden name using her BC, I-94 with her passport.

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

RM 00203.210 Changing Numident Name Data

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.

-----------------------------------------------------------------------------------------------------------------------------

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).

-----------------------------------------------------------------------------------------------------------------------------

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.

-----------------------------------------------------------------------------------------------------------------------------

Her status must still be verified before an SSN can be assigned.

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 you pass the 76th day while waiting for your status to be verified.

The SSA office will try to verify your status through the SAVE system while you are 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 they can verify her status through SAVE with her maiden name this should stop them from sending the G-845:

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.