stephon113

My fiance got here on Dec. 1, 2003 through POE at LAX and received her I-94 stamp, but without any temporary EAD card. Didn't she supposed to get one here. We're married now and waiting to file AOS and afraid cannot get SS card because we haven't sent anything to INS. Can she get her SS card before applying for EAD and AOS? Please help.

FlyergirlUK

As long as she has a valid I-94 and her K1 visa in her passport.
The marriage certificate is a must if she's to have the SSN in her married name.
Other ID to show would be her birth certificate along with, possibly if she has it, her drivers license from her country.

I showed all this at the SSA and received my SSN very soon afterwards.

Just go to your local office. No worries.

jeffreyhy

stephon,

Search for posts by Michael D. Young, who frequently posts the SSA guidelines for issuing a SSN to a K1. In summary, your wife should be able to get her SSN as long as she applies within 76 days of her entry, and from what you've posted she is within this window.

However, if I understand Michael's cautions correctly, she might best apply in her maiden name - because that is the name that will show in the CIS database called SAVE that the SSA will have to check to confirm her K1 status. She can always apply to the SSA for a new card in her married name at some later date after she has applied for AOS.

Regards, JEff

Michael D. Young

stephon113 wrote:

    > My fiance got here on Dec. 1, 2003 through POE at LAX and received her
    > I-94 stamp, but without any temporary EAD card. Didn't she supposed to
    > get one here. We're married now and waiting to file AOS and afraid
    > cannot get SS card because we haven't sent anything to INS. Can she get
    > her SS card before applying for EAD and AOS? Please help.

She still has a pretty good chance of getting an SSN and card in her maiden
name if she doesn't say anything about being married when applying. To get
an SSN card in her married name she is going to need to have her EAD in her
married name.

If she wants to apply for an SSN now, have her go to an SSA office with her
passport, birth certificate (if she has one available) and her I-94 with K-1
status and a completed and signed Form SS-5.

Form:

http://www.ssa.gov/online/ss-5.html

Office:

http://s00dace.ssa.gov/pro/fol/fol-home.html

If she does get an SSN and card in her maiden name, just have her apply for
a corrected card after she has her EAD in her married name.

Michael D. Young

FlyergirlUK wrote:

    > As long as she has a valid I-94 and her K1 visa in her passport.
    > The marriage certificate is a must if she's to have the SSN in
    > her married name.
    > Other ID to show would be her birth certificate along with, possibly if
    > she has it, her drivers license from her country.
    > I showed all this at the SSA and received my SSN very soon afterwards.
    > Just go to your local office. No worries.

Well there is a worry in that technically you no longer have K-1 status
once you are married. Since there is no way that the married name will
show up in the SAVE as name of the person having K-1 status, the SSA office
will need to send a G-845 for manual verification of work authorized
status, so in that case what answer do they get back.

You can give that a try and maybe you will get lucky, but using the maiden
name and not saying anything about being married is more of a sure thing.

FlyergirlUK

Why would she want it in her maiden name?

I got mine in my married name; everything else will be in that name too, why waste time?

jeffreyhy

Flyer,

You were lucky. I know a few other people who also had no trouble getting a SSN in their married name while in their K1 period. But I know a lot more people who were refused.

Regards, JEff

stephon113

We weren't even married when she was applying for your SS# and also happened to have the same last name. We were told that SS card will come in the mail between 3 to 4 weeks, now is a month already. What is the normal wait time?

jeffreyhy

stephon,

Why didn't you provide this information in your original post? You've wasted several people's time by causing them to address the wrong issue.

JEff

stephon113

Jeffreyhy,
I am so sorry if I have made any confusions or wasted anyone's time. I came up with more details as I learned from other people's inputs. Please forgive me for not stating clearly at the original post.

Steffi

Not to add to the confusion or anything, but my whole SS# and marriage case was a bit weird. I didn't realize I was supposed to apply for my SS# before getting married, so my husband and I got married. We told them that I wanted my name changed when we applied for the marriage certificate, but when we received the marriage license after we got married it was strangely enough still in my maiden name. We were told that if we wanted to have my name changed we would have to go down to the SS office to do so. Since I still had to apply for the SS# we thought cool, we can do it all in one go: apply for SS# as well as get the name changed. Unfortunately the first time I wasn't in the SAVE system yet, so in the meanwhile we sent off my AOS and EAD forms in my maiden name. Then when we went back to the SS office I was able to get my SS# in my married name.
So my SS# is in my married name, but all my USCIS files are in my maiden name - I can't wait to see what more problems this will cause! *big sigh*