Social Security question

[humblestudent]

hi,

 

My fiancee got her visa approved on July 1. Between studying English and work, she didnt fly back to San Francisco with me this past Saturday.

 

She recalled reading a post on the 001 forum that mentioned we had to apply for her SSN 2 weeks before her visa expired (which would be January 1, 2009, since it was issued on July 1).

 

I was a little confused about this because at the POE in SF, I asked the customs officer if we needed to apply for her SSN right away. He replied we could apply after we got married.

 

In an effort to calm my fiancee's nerves, I'd seeking the advice from the wise folks on this forum. Do we need to apply for a SSN before her the January 1 expiration date on her visa?

 

I just thought the January 1 expiration date meant she had until that date to enter the country, and from that entry date, we had 90 days to get married. Therefore we could wait until after we got married to get the visa?

 

Thanks in advance,

Don

[dnoblett]

NOT compleatly correct.

 

A K-1 can apply for SSN up to 76 days after entry, after that and will need to wait for EAD or green-card.

 

K-1 should give it 2 weeks or so after entry to the USA before applying for SSN, it takes that long for USCIS to update the database used by SSA to confirm status.

 

ALSO: The visa expiration date is the date that the visa must be used to enter the USA, nothing else, it has nothing to do with time for marriage or when can apply for SSN, the visa is VOIDED the moment it is used to enter the USA. The I-94 card in passport determines the deadline for marriage, and the last day that a SSN can be applied for.

[humblestudent]

thanks for your speedy reply.

 

Just to be sure, we have 76 days from her December 5 entry into San Francisco to apply for SSN?

 

What a relief. My fiancee got me ancy that we had to apply for it ASAP.

 

 

 

 

NOT compleatly correct.

 

A K-1 can apply for SSN up to 76 days after entry, after that and will need to wait for EAD or green-card.

 

K-1 should give it 2 weeks or so after entry to the USA before applying for SSN, it takes that long for USCIS to update the database used by SSA to confirm status.

 

ALSO: The visa expiration date is the date that the visa must be used to enter the USA, nothing else, it has nothing to do with time for marriage or when can apply for SSN, the visa is VOIDED the moment it is used to enter the USA. The I-94 card in passport determines the deadline for marriage, and the last day that a SSN can be applied for.

[dnoblett]

thanks for your speedy reply.

 

Just to be sure, we have 76 days from her December 5 entry into San Francisco to apply for SSN?

 

What a relief. My fiancee got me ancy that we had to apply for it ASAP.

 

Yep, in our case we applied for the SSN shortly after marriage and used married name, we got lucky and did not run into a clueless SSA officer.

 

It is recommended to apply for SSN after 2 weeks in the USA, and to avoid extra complications do so before marriage, after marriage and you may run into an SSA-MORON and get refused, I have seen stupid SSA officers state stupid things like "Now that you are married you are a K-3 so we cannot issue SSN".

 

K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

[Sebastian]

and in better news !!! She came back with you on the 5th ? Excellent !! It was kinda confusing in your first post.

 

Congrats !!! Warmest Regards...

[Jing Quan]

Don, welcome home.