carpdiem

Hello everybody!
It has been a while i havent posted anything on this forum. My fiance arrived in US 2 weeks ago and we got married last week. Now we are in middle of filling out forms for AOS... I have 2 questions for now...
1) When can my husband apply for SSN?
2) When can he get his driving license?

Thank you so much for all your support!

*Sanna

Elvira

Assuming he has a valid visa, he can apply for a DL straightaway, though he will have to take the test. Check your state's DMV website re. documents to bring.

When filing for AOS, he should also apply for EAD. Once he's got that he can apply for a SSN.

Congratulations on your marriage, BTW!

meauxna

Elvira's post is correct for someone who is NOT a K-1; K-1s have a special window of time to apply for their SS account. He does not need to wait for the EAD to apply, but he must not wait until 14 days or less left on his I-94.

Please carefully read the instructions in this Guide:
Step-by-Step Guide to getting a Social Security Number (SSN)
http://www.visajourney.com/forums/index.php?pg=ssn

Go to your State's DMV website for details on applying for a driver's license.

Congrats on the wedding!

Noorah101

Hi Sanna! Congratulations!

It would have been better for him to have applied for the SSN before he got married. I've heard that way it's more clear that he is on the K-1 visa and still a fiance. But, go to your SS office, he can apply anytime now. He doesn't currently need the EAD to apply for AOS.

As for the drivers license...it differs state to state on requirements. Here in AZ, Sadegh needed to show just his passport with the K-1 visa and the I-94 inside. They gave him a State ID (he didn't apply for a license, but it would have been the same rule) good until the end of his I-94, then we had to go renew it based on his EAD expiration, once he got his EAD.

Best Wishes, and keep us posted!
Rene

jemavalon

Congratulations on your marriage!

Though requirements vary by state, usually one needs a SSN in order to apply for the drivers license. According to NY DMV it is required in NY state as well. So, your husband needs to get SSN first, wait for the card to arrive, and then (following all others DMV requirements) apply for the DL.

Noorah101

Just for other readers, the SSN was not required in Arizona.

Rene

Elvira

Nor in California, for that matter. I don't think they can insist on it, because some legal non-immigrant visas (eg H4) preclude getting a SSN, but these people (I used to be one of them) still have to be able to drive...

Just Jenney

Both an SSN *and* an EAD are required in Virginia, if the person does not have their green card yet.

~ Jenney

Elvira

They may say it is "required", but there must still be a way for people who are here legally but are not entitled to a SSN to get a DL. It can be a bore, because most DMV officials don't know and/or don't care, but it can be done.

Usually a letter from the SSA stating that the person is not entitled to a SSN, together with proof of legal status (visa + I-94) will do it.

Been there, done that (3 times...).

Just Jenney

Not in Virginia. After it was discovered that several of the 9/11 hijackers were able to obtain legal Virginia DLs through some unfortunate loopholes, the commonwealth really tightened things up and has very strict guidelines and requirements for obtaining a license now. And not just for non-citizens, but for everyone.

In the OP's husband's case, he'll need to wait until he gets his EAD and then he can apply for the SSN. Not having all the documentation yet to fulfill the SSN application is not the same thing as being ineligible for an SSN, so the SSA can't issue a letter that contains information that isn't true.

For instance, as a natural-born USC I am entitled to an SSN. Let's say that, for whatever reason, I'm just now applying for one for the first time. I need to show proof of my age, my identity and my US citizenship. I can use my marriage certificate as proof of my identity and age, but not as proof of my US citizenship. However, I don't have a passport or copy of either my birth certificate.

Does this mean I'm ineligible to get a SSN? No -- it just means I need to get either a passport or copy of my birth certificate to completely fulfill all the SSN application requirements. And the SSA isn't going to provide me with a letter stating I'm ineligible for an SSN just because I'm missing proof of my US citizenship.

~ Jenney

Elvira

Of course not! I was referring to people who are NOT entitled to a SSN - as H4s. I can't imagine that they would be refused a DL, even in Virginia.

scrubbedexpat099

He could get a SSN now, as long as he does not mention he is married.

Elvira

You're kidding, right?

Falsifying an official US government document - OMG!

Just Jenney

Sorry, but your other post was confusing because I thought it was in reference to the OP's husband's situation.

I took a look at the "Acceptable Documents for Obtaining a Driver's License or Photo ID Card" (PDF) form from the Virginia DMV website. Strangely, it says:

"If you are applying for any driver’s license or learner’s permit you will be required to provide one proof of your social security number (SSN) (if you have been issued one) from the list below."

But it doesn't elaborate on what you're supposed to do if you have NOT been issued a SSN. Applicants are not allowed to use ITINs in lieu of SSNs, so I'm not sure what the procedure would be.

~ Jenney

Noorah101

Can't anyone get a SSN, and just have it say "not valid for work", if they are not entitled to work in the USA? Just curious.

Rene