AOS for K1 if K2 not yet in USA

[totup]

My chinese bride and I are now married. We will now apply for her AOS. However, her son is still in china. He will be coming to the USA on a K2 visa in 2 months. Do I still apply for AOS for both my wife and her son or do I have to apply for him separately later? Does this make things more complicated? Should I wait until he gets here?

 

Also, my wife and I went to the Social Security office (before we were married) to apply for a Social Security card for her. She was denied because they said she does not have permission to work in the USA. I know that this is something we can apply for at the same time as the AOS, however, it took us by surprise that she was denied because of this. We also went to get a state id card but were also denied because they require the SS card. I would also think that we need the SS number when filing joint taxes later. Everything seems to hinge on getting permission for her to work (even if she actually won't get a job). This seems kind of strange to me. I'm wondering if we will have similar problems when her son gets here. Does anyone know what the requirements are for getting the Social Security card? I'm wondering if I'm doing something wrong.

 

Another question in regards to the SS card is whether she can start using my last name now that we are married. I had read that to change your name you must do so by going to the Social Security office. But since she has no number yet we can't do that (I think). So can we use the new last name in the AOS application (and anything else for that matter ... such as on her bank account, etc.) or not?

[Randy W]

K-1's are eligible for an "authorized to work" SSN until the expiration of the visa - 90 days. Take her back with a copy of RM 00203.500 (the first link on this link http://candleforlove.com/forums/index.php?...f=7&t=10720 ) and/or go to a different SS office.

 

Go NOW before the 90 days gets too close (80 days max).

 

The name may be changed on an existing card, or you can just give the her married name (bring the Marriage License) for a new card.

 

The AOS application may be submitted with the married name.

 

The K-2 is NOT work authorized, and so will not be given an SSN without an Employment Authorization card. You didn't mention his age - younger children might be allowed to file with their parent (someone else can tell you this) - we are filing separately for my wife's 21 yr old son.

[jim_julian]

This whole area seems to go a bit differently depending on who you are dealing with at Social Security. Our experience ...

 

Got a SSAN for Lao Po after entry and before we were married. It was in her maiden name.

 

Tried to change to married name, still within 90 days of entry, after we were married but were refused by the SS office (others have been successful, I believe). The SS rationale was now that she is married she is no longer a K1, she is in process, or should be, of AOS. A K1 is entitled to an SSAN, someone in AOS limbo is not.

 

After we got EAD we went back to the SS office and they were happy to issue an new card, same number of course, under her married name.

 

Our K2 is coming in May 2007 and, as Randy states, that's a whole different circumstance. I can see no reason to delay AOS for the K1 while waiting for the K2.

[LeeFisher3]

Ideally having both receive their green cards within 3 months of each othe is the ideal situation because they can submit for removal of conditions on the same I-751.

[david_dawei]

The window to get a SSN is 10-76 days from Entry. I would encourage you to attempt it again ASAP, armed with a document or two from Randy's link.. Most likely SS will issue the name as it appears in the computer sysm, as provided by DHS.

 

I recall someone filing AOS in their marriage name but then the NOAs came back in maiden name... Since you can change it at the interview, I'd be inclined to file with everything in sync with her previous documents.

 

[Maybe some K1s who were successful to file AOS in a marriage name can state so]... if you try this, let us know the outcome..

Edited December 30, 2006 by DavidZixuan (see edit history)

[jim_julian]

I recall someone filing AOS in their marriage name but then the NOAs came back in maiden name... Since you can change it at the interview, I'd be inclined to file with everything in sync with her previous documents.

 

[Maybe some K1s who were successful to file AOS in a marriage name can state so]... if you try this, let us know the outcome..

 

We filed in her maiden name with a cover letter that said please issue documents in her married name where ever possible. The EAD came in married name. The AP came in maiden name ... and this was best because she travels on her Chinese passport.

 

The GC is still "being processed" at the CSC although we are now getting to the time where I'm starting to wonder ...

[LeeFisher3]

The window to get a SSN is 10-76 days from Entry. I would encourage you to attempt it again ASAP, armed with a document or two from Randy's link.. Most likely SS will issue the name as it appears in the computer sysm, as provided by DHS.

 

I recall someone filing AOS in their marriage name but then the NOAs came back in maiden name... Since you can change it at the interview, I'd be inclined to file with everything in sync with her previous documents.

 

[Maybe some K1s who were successful to file AOS in a marriage name can state so]... if you try this, let us know the outcome..

We did AP, EAD and AOS in using my wifes married name and EVERYTHING came back correct.

 

One additional item, be sure that all the forms, I-485, G-325a, I-131 and I-765 have her married name listed. Some have a place for other names used and that is where you list her maiden name.

Edited December 31, 2006 by LeeFisher3 (see edit history)

[lostinblue]

http://www.ssa.gov/ssnvisa/help_immigrant.htm

This topic was mentioned in the past as I have book marked this site.I forgot all about it before yan went to interview.

[totup]

OK ... my wife and I went back to a different SSA office and she got the SSN. It will be mailed in about 2 weeks. The clerk said that we might want to use her maiden name since there could be some confusion later since her passport lists the maiden name. But we said to use the married name since on the AOS I plan to use the married name.

 

One thing confuses me about the SS links that some of you sent. Do they indicate that Sophia can work in the USA without the EAD? If so than does she still need the EAD?

 

Also, her son is 17 years old. I think we will be required to get an EAD for him in order for him to get his SSN. Is this correct? I will send Sophia's AOS/EAD/AP before he gets here. Can I list him in her documents or do I need to process his separately after he arrives?

[LeeFisher3]

OK ... my wife and I went back to a different SSA office and she got the SSN. It will be mailed in about 2 weeks. The clerk said that we might want to use her maiden name since there could be some confusion later since her passport lists the maiden name. But we said to use the married name since on the AOS I plan to use the married name.

 

One thing confuses me about the SS links that some of you sent. Do they indicate that Sophia can work in the USA without the EAD? If so than does she still need the EAD?

 

Also, her son is 17 years old. I think we will be required to get an EAD for him in order for him to get his SSN. Is this correct? I will send Sophia's AOS/EAD/AP before he gets here. Can I list him in her documents or do I need to process his separately after he arrives?

It's quite a mess.

 

A K-1 visa is eligible for work authorization, that is why the SSA will issue a SSN. Now the USCIS has decided to not use the Work Authorized stamp at the POE so she must have the EAD to be able to work. Such a joy.

 

For her son, he will not be able to receive his SSN until you have either EAD or a Green Card. You will need to wait for his arrival until you file any papers for him, one of the required documents is the I-94 that is stamped at the POE when he arrives.

 

Just to clarify about the sons paperwork, he will have his own set of AOS/EAD/AP documents and fees. They both arrived based on a single petition but the cases are separated at this phase of the process.