AJUSMEMT OF STATUS FROM K1

[Se&Se 8]

Getting documents ready...want to change my last name into husband own after 90days at social security office...Will there be any problems since the 90 days status is over?

[geff44 30]

2 minutes ago, Se&Se said:

Getting documents ready...want to change my last name into husband own after 90days at social security office...Will there be any problems since the 90 days status is over?

My wife did not have any problems using my last name after we got married both at the SSA and DMV.  Make sure to bring your marriage certificate to show your proof of marriage.

[Jeanne Adil 1,651]

4 minutes ago, geff44 said:

My wife did not have any problems using my last n ame after we got married both at the SSA and DMV.  Make sure to bring your marriage certificate to show your proof of marriage.

and a photo ID

[Se&Se 8]

8 minutes ago, geff44 said:

My wife did not have any problems using my last name after we got married both at the SSA and DMV.  Make sure to bring your marriage certificate to show your proof of marriage.

yeah I mean we are going to do this after 90 days period where technically out of status but married within the 90 days?

[arken 4,197]

4 minutes ago, Se&Se said:

yeah I mean we are going to do this after 90 days period where technically out of status but married within the 90 days?

It’s highly likely she won’t be issued a new SS card with no legal status. If your wife files for AOS under married name and gets EAD, then she can get the new SS card under married name.

[UserNameNA 16]

7 minutes ago, Se&Se said:

yeah I mean we are going to do this after 90 days period where technically out of status but married within the 90 days?

In California, IF your 90 days has past, they will not let you change your last name until you get your EAD or green card.  We tried numerous times and they even tried to bypass it for us, but the computer will not allow them to. You also have to get your DL with at least 30 days of left on your I-94.

[geff44 30]

7 minutes ago, Se&Se said:

yeah I mean we are going to do this after 90 days period where technically out of status but married within the 90 days?

Since you are doing this past 90 days after marriage yes technically you are out of status.  I am assuming by this time you have filed or will file for the adjustment of status to permanent residency. If you have not do it ASAP to protect your status of stay in the US.  You might also want to apply for the EAD card together with your I 485 if you want to work.  Once you get a receipt from USCIS on your pending adjustment go to your local SSA. Bring the NOA of the adjustment and EAD if you applied for one, your passport with K1 stamped on it and marriage certificate.  You should be able to apply for the SS card and use your husband's last name.  

[geowrian 22,336]

8 minutes ago, geff44 said:

Once you get a receipt from USCIS on your pending adjustment go to your local SSA. Bring the NOA of the adjustment and EAD if you applied for one, your passport with K1 stamped on it and marriage certificate.  You should be able to apply for the SS card and use your husband's last name.  

The SSA requires eiither 14 or more days of legal status OR an EAD OR a green card to issue a new SS card. Filing for AOS grants a period of authorized stay, but not a legal status. As such, it does not meet this criteria to be issued a card, even if just for a name change.

[K1visaHopeful 2,700]

The SSA FEDERAL policy for immigrants is to only issue SSNs in the name that matches what DHS has on record for them. DHS will only have your maiden name on record until either your EAD or GC is approved (whichever comes first).

Providing the MC or any USCIS receipt notices in the married name is not enough. The SSN application name must match the DHS record.

 

You may encounter an agent or two (or twenty) who have no clue how to process a K1 SSN applicant or an agent who is willing to break the SSA Federal policy willingly but do note that the policy is the same nationwide and does not vary by state. It varies by agent.