Confused about SSN now after submitting I-485 and asking for a SSN on the I-485.

[zamardii12 25]

So, our I-485 should arrive today to the Chicago office (it's also the day of my wife's I-94 expiration) and one thing I am confused about. About 2 weeks ago she went to the local Social Security office to get a SSN but they couldn't give it to her... they told her to come back after her I-94 has expired. So, today is the day the I-94 expires but I also indicated on the I-485 itself that I wanted them to send her a SSN card. So since I did that how long does that take for her to get her card from them? She still needs to change her name too so at this point should we just wait for USCIS to send us a SSN or can she herself go into an office? My only concern about her going in now is that we already indicated we wanted a card sent to us on the I-485 itself so do we just have to wait now? If so, how long does that take? Also, what website if any do I check status of her AOS while in progress? I know during the K1 process there were a bunch of places to see progress at varying stages and was curious what I could find online from here-on-out. 

 

Thanks again. 

[geowrian 22,335]

Okay...a few issues here.

1) She needed to have applied for the card in the first 76 days of entry on the K-1 visa (90 days - 14 days of legal status required). No idea why they told you to wait until the I-94 expired...that's just outright wrong.

2) She now needs to wait for an EAD (or green card) to get an SSN. She can do this herself with the EAD.

3) An SSN is not needed for the I-485.

4) USCIS does not issue SSNs. Only the SSA does so. The I-765 includes a question to have USCIS request one on her behalf automatically once the EAD is approved.

5) The I-485 does not ask about an SSN except providing it if you have one. The I-765 lets you have USCIS request one on her behalf.

6) ETA for an EAD is ~4-6 months right now.

7) Two websites:

  a) https://egov.uscis.gov/casestatus/landing.do

  b) https://myaccount.uscis.dhs.gov/

[barashka 97]

Interesting. I took my wife to our local Social Security office the day after she arrived and we applied for her Social Security number. Her card came in the mail the week after. Basically, she got her Social Security card within the first two weeks of her being in the United States.

[barashka 97]

40 minutes ago, zamardii12 said:

So, our I-485 should arrive today to the Chicago office (it's also the day of my wife's I-94 expiration) and one thing I am confused about. About 2 weeks ago she went to the local Social Security office to get a SSN but they couldn't give it to her... they told her to come back after her I-94 has expired. So, today is the day the I-94 expires but I also indicated on the I-485 itself that I wanted them to send her a SSN card. So since I did that how long does that take for her to get her card from them? She still needs to change her name too so at this point should we just wait for USCIS to send us a SSN or can she herself go into an office? My only concern about her going in now is that we already indicated we wanted a card sent to us on the I-485 itself so do we just have to wait now? If so, how long does that take? Also, what website if any do I check status of her AOS while in progress? I know during the K1 process there were a bunch of places to see progress at varying stages and was curious what I could find online from here-on-out. 

 

Thanks again. 

Geowrian seems to have given you a very detailed and informative answer. Also, could you please update your timeline? It really helps the website when you fill in your data!

[zamardii12 25]

59 minutes ago, geowrian said:

Okay...a few issues here.

1) She needed to have applied for the card in the first 76 days of entry on the K-1 visa (90 days - 14 days of legal status required). No idea why they told you to wait until the I-94 expired...that's just outright wrong.

2) She now needs to wait for an EAD (or green card) to get an SSN. She can do this herself with the EAD.

3) An SSN is not needed for the I-485.

4) USCIS does not issue SSNs. Only the SSA does so. The I-765 includes a question to have USCIS request one on her behalf automatically once the EAD is approved.

5) The I-485 does not ask about an SSN except providing it if you have one. The I-765 lets you have USCIS request one on her behalf.

6) ETA for an EAD is ~4-6 months right now.

7) Two websites:

  a) https://egov.uscis.gov/casestatus/landing.do

  b) https://myaccount.uscis.dhs.gov/

1. Appreciate the info. Yes I know she should have applied in the first 76 days, but I only knew that after the fact unfortunately. We got too hung up on the fact that she was here and we were planning the wedding. We tried applying 2 weeks ago but it was too close to the I-94 expiration so the person told her to come back after the I-94 expires. 

2. So at this stage she can't get a SSN without the EAD? If we get a Notice of Action that our I-485 is in processing couldn't she get a SSN that way or do we have to wait for the EAD for sure? Only asking because the person at the SSN office made it sound like she just needs to come back after the 25th and that's it. 

3. I will wait a month and then do the EAD so we can get her a SSN, but if we do wait a little (since I can't afford the filing fee at the moment) should I have USCIS ask for a SSN on my behalf or should we do it ourselves after filing the EAD (in case it's faster that way)?

4. Also, given out current situation when should she change her name? After she gets the SSN?  

Edited October 25, 2018 by zamardii12

[geowrian 22,335]

7 minutes ago, zamardii12 said:

1. Appreciate the info. Yes I know she should have applied in the first 76 days, but I only knew that after the fact unfortunately. We got too hung up on the fact that she was here and we were planning the wedding. We tried applying 2 weeks ago but it was too close to the I-94 expiration so the person told her to come back after the I-94 expires. 

2. So at this stage she can't get a SSN without the EAD? If we get a Notice of Action that our I-485 is in processing couldn't she get a SSN that way or do we have to wait for the EAD for sure? Only asking because the person at the SSN office made it sound like she just needs to come back after the 25th and that's it. 

3. I will wait a month and then do the EAD so we can get her a SSN, but if we do wait a little (since I can't afford the filing fee at the moment) should I have USCIS ask for a SSN on my behalf or should we do it ourselves after filing the EAD (in case it's faster that way)?

4. Also, given out current situation when should she change her name? After she gets the SSN?  

2) Correct. One must be a legal alien authorized to work to apply for an SSN*. A K-1 holder in status meets this (they are technically permitted to apply for an EAD in the 90 day period, although this is impractical with current timelines). After the 90 days, they no longer meet this criteria until they have an EAD or green card.

*Rare exceptions apply if an SSN is necessary for certain specific circumstances.

 

3) There is no filing fee for the I-765 (EAD) or I-131 (AP) when filed due to AOS. You can file for them concurrently with the I-485, or you can send the I-485's NOA1 in lieu of payment if sent aftertwards. See the I-485 instructions, page 16. Personally I would do it myself...never truest USCIS to do things ASAP. A simple SSA trip is likely to be faster IMO.

 

4) A marriage certificate is a legal name change document. She can change it at any time. I highly suggest completing the I-485 and other forms using a married name as that is what they will issue the documents in. If she has an EAD with the new name, they will issue the SSC in that name as well.

Edited October 25, 2018 by geowrian

[K1visaHopeful 2,662]

19 minutes ago, zamardii12 said:

1. Appreciate the info. Yes I know she should have applied in the first 76 days, but I only knew that after the fact unfortunately. We got too hung up on the fact that she was here and we were planning the wedding. We tried applying 2 weeks ago but it was too close to the I-94 expiration so the person told her to come back after the I-94 expires. The SSA agent is clueless. You apply for the SSN at day 10 after POE, BEFORE marriage so that your (maiden) name will match your I94. After you marry you can then go back and change your name PROVIDED your I94 is still valid for 14 days. You cannot apply for a SSN:

1) initially in your married name as the names wont match.

2) after day 72 of your I94.

 

2. So at this stage she can't get a SSN without the EAD? If we get a Notice of Action that our I-485 is in processing couldn't she get a SSN that way or do we have to wait for the EAD for sure? Only asking because the person at the SSN office made it sound like she just needs to come back after the 25th and that's it. Again, your SSA is not informed on the K1 process. You will have to wait for EAD now.

 

3. I will wait a month and then do the EAD so we can get her a SSN, but if we do wait a little (since I can't afford the filing fee at the moment) should I have USCIS ask for a SSN on my behalf or should we do it ourselves after filing the EAD (in case it's faster that way)? You cant APPLY for an SSN AT ALL until you have that approved EAD now. 

PS. the EAD and AP are free if you file concurrently with the I485. You will have to wait until you have your NOA1 for your I485 now so you can claim that freebie since you didnt file all three forms together.

 

4. Also, given out current situation when should she change her name? After she gets the SSN? 

Her name is changed (if she wants it to be changed) the moment you married. Your proof is your marriage certificate. You may have a hard time changing it on accounts now though because you didnt obtain the initial SSN in her maiden name and then update it to her married name. Changing your name on your SSN after marriage is the first step in the US so it maybe hard to do it without that card. You can try with your just your marriage certificate.

 

Edited October 25, 2018 by K1visaHopeful

[zamardii12 25]

6 minutes ago, geowrian said:

2) Correct. One must be a legal alien authorized to work to apply for an SSN*. A K-1 holder in status meets this (they are technically permitted to apply for an EAD in the 90 day period, although this is impractical with current timelines). After the 90 days, they no longer meet this criteria until they have an EAD or green card.

*Rare exceptions apply if an SSN is necessary for certain specific circumstances.

 

3) There is no filing fee for the I-765 (EAD) or I-131 (AP) when filed due to AOS. You can file for them concurrently with the I-485, or you can send the I-485's NOA1 in lieu of payment if sent aftertwards. See the I-485 instructions, page 16. Personally I would do it myself...never truest USCIS to do things ASAP. A simple SSA trip is likely to be faster IMO.

 

4) A marriage certificate is a legal name change document. She can change it at any time. I highly suggest completing the I-485 and other forms using a married name as that is what they will issue the documents in. If she has an EAD with the new name, they will issue the SSC in that name as well.

2. Okay so I have to clarify something. I completely forgot that I did in fact send in the I-765 with our I-485. So in that case I did ask them to request a SSN on our behalf... I checked the box on the I-765 for that. So in that case should we just wait for them to send it to us? In other words if I get the EAD before I get the SSN then could I go to the SSN office myself or do I HAVE to wait because I checked that box on the I-765?

 

4. All of her paperwork was submitted with her maiden name, so at this point would I be correct in saying we need to wait for the SSN to arrive to change it or will that cause an issue with a in-process I-485 application? 

[Gibus 202]

I guess I should have get one before but I just assumed I didn't need one right now, so I'll just wait for the EAD.

@zamardii12 Like me you're gonna have to wait for your EAD card to have a SSN issued. Like they said if you file your EAD/AP with your AOS you won't have to pay the fees.

 

Edited October 25, 2018 by Gibus

[geowrian 22,335]

4 minutes ago, zamardii12 said:

2. Okay so I have to clarify something. I completely forgot that I did in fact send in the I-765 with our I-485. So in that case I did ask them to request a SSN on our behalf... I checked the box on the I-765 for that. So in that case should we just wait for them to send it to us? In other words if I get the EAD before I get the SSN then could I go to the SSN office myself or do I HAVE to wait because I checked that box on the I-765?

 

4. All of her paperwork was submitted with her maiden name, so at this point would I be correct in saying we need to wait for the SSN to arrive to change it or will that cause an issue with a in-process I-485 application? 

2) Unfortunately I'm not sure about requesting your own SSC when you also requested one via the I-765. I did the I-765 shortly before that was even an option (it was added to the form in late 2017).

 

4) I would send a letter to USCIS to have them update the I-485 and other forms to use the married name if that is what you want the EAD and green card in. Changing it afterwards is close to a year wait  for the I-90 to process, and around $500 to do so.

If the EAD is issued in her maiden name, they will want to issue the card in the same name. You may or may not be able to get them to issue it in a married name at that point...it should be consistent but there's always so many different experiences in changing the name with a marriage certificate as a non-USC. It took me 3 visits to get the right employee to do it...the other 2 employees refused to do so until the name in DHS was updated (i.e. when they issue an EAD or green card).

[Lucrezia_ITALY 45]

On 10/25/2018 at 5:44 PM, geowrian said:

Okay...a few issues here.

1) She needed to have applied for the card in the first 76 days of entry on the K-1 visa (90 days - 14 days of legal status required). No idea why they told you to wait until the I-94 expired...that's just outright wrong.

2) She now needs to wait for an EAD (or green card) to get an SSN. She can do this herself with the EAD.

3) An SSN is not needed for the I-485.

4) USCIS does not issue SSNs. Only the SSA does so. The I-765 includes a question to have USCIS request one on her behalf automatically once the EAD is approved.

5) The I-485 does not ask about an SSN except providing it if you have one. The I-765 lets you have USCIS request one on her behalf.

6) ETA for an EAD is ~4-6 months right now.

7) Two websites:

  a) https://egov.uscis.gov/casestatus/landing.do

  b) https://myaccount.uscis.dhs.gov/

 

Hello!

 

Sorry to jump in but are you saying that when I get into the US on my K1 Visa I have to apply for SSN BEFORE the wedding, using my I-94 as proof of my immigration status, and after 14 days from the date of entry but within 76 days of the total 90 days?

 

I thought I needed the work permit to ask for a SSN or at least to be married 🤦🏻‍♀️

 

I’m really happy to learn it’s not what I thought!

[zamardii12 25]

22 hours ago, geowrian said:

2) Unfortunately I'm not sure about requesting your own SSC when you also requested one via the I-765. I did the I-765 shortly before that was even an option (it was added to the form in late 2017).

 

4) I would send a letter to USCIS to have them update the I-485 and other forms to use the married name if that is what you want the EAD and green card in. Changing it afterwards is close to a year wait  for the I-90 to process, and around $500 to do so.

If the EAD is issued in her maiden name, they will want to issue the card in the same name. You may or may not be able to get them to issue it in a married name at that point...it should be consistent but there's always so many different experiences in changing the name with a marriage certificate as a non-USC. It took me 3 visits to get the right employee to do it...the other 2 employees refused to do so until the name in DHS was updated (i.e. when they issue an EAD or green card).

This is all very confusing. I mean, how could I have possibly asked for her name for the Green Card and EAD if her passport and I-94 among a million other things is all under her maiden name. I didn't have a SSN for her by the time I filed the I-485 so I thought it would have been an even bigger issue putting her maiden name on the paperwork when she isn't shown anywhere with her married name. I wouldn't even know what to write in the letter:

 

"Hi USCIS, it's me again, but I wanted you to change the name for my wife to (her married name) even though we don't have anything that says she has changed her name. We are married and she would like my last name, but..."

 

I just don't know what to even write in this letter. 

[barashka 97]

8 minutes ago, Lucrezia_ITALY said:

 

Hello!

 

Sorry to jump in but are you saying that when I get into the US on my K1 Visa I have to apply for SSN BEFORE the wedding, using my I-94 as proof of my immigration status, and after 14 days from the date of entry but within 76 days of the total 90 days?

 

I thought I needed the work permit to ask for a SSN or at least to be married 🤦🏻‍♀️

 

I’m really happy to learn it’s not what I thought!

You may certainly apply before the wedding, yes. Your I-94 will help you apply for a SSN. You do not need a work permit to ask for a SSN (as long as It is after 14 days but within your 76 days of the 90 day total). Like I said, I applied for my wife's SSN the very next day after her arrival. It is best not to procrastinate because those 90 days sure do go by quickly!

Edited October 26, 2018 by visaquestions123

[geowrian 22,335]

5 minutes ago, Lucrezia_ITALY said:

Sorry to jump in but are you saying that when I get into the US on my K1 Visa I have to apply for SSN BEFORE the wedding, using my I-94 as proof of my immigration status, and after 14 days from the date of entry but within 76 days of the total 90 days?

The only requirement is within the first 76 days. Typically within a day or two from entry your name should be in the system nowadays (it used to take up to 2 weeks).

It is suggested to apply before marriage as the SSA employees sometimes mistakenly think you can't do so after marriage without an EAD. They're wrong, but it is simpler to just not have the issue come up IMO.

You can have the name changed on the card after marriage if still in those first 76 days, although this is also hit or miss with SSA staff. It 100% is allowed, but finding somebody who knows this is the hard part.

 

5 minutes ago, Lucrezia_ITALY said:

I thought I needed the work permit to ask for a SSN or at least to be married 🤦🏻‍♀️

Nope, K-1 holders are allowed an SSN. They just can't work without the EAD.

[geowrian 22,335]

4 minutes ago, zamardii12 said:

This is all very confusing. I mean, how could I have possibly asked for her name for the Green Card and EAD if her passport and I-94 among a million other things is all under her maiden name. I didn't have a SSN for her by the time I filed the I-485 so I thought it would have been an even bigger issue putting her maiden name on the paperwork when she isn't shown anywhere with her married name. I wouldn't even know what to write in the letter:

The marriage certificate is a legal name change document recognized by the local, state, and federal government. A Social Security Card is needed for some government services, but is not a legal name change document.

 

4 minutes ago, zamardii12 said:

"Hi USCIS, it's me again, but I wanted you to change the name for my wife to (her married name) even though we don't have anything that says she has changed her name. We are married and she would like my last name, but..."

 

I just don't know what to even write in this letter. 

Write that you want them to do: update the name on the I-485, I-131, and I-765 to Abc Xyz for cases MSCXXXXX MSCXXXX and MSCXXXX.