AOS Questions...Round #1

[steveandrong]

OK....We are all here now...arrived Dec. 17th...Got married Dec. 30th...went to Social security Office this morning to get SSAN's and were told cannot get now because we already marry???...were told status on I-94 needs to be changed first because she is not my fiancee' now....this is right?...and if so, how do we go about changing the status?...who do we contact and what is the procedure for this?...do we need to apply for EAD first?

Edited January 7, 2009 by steveandrong (see edit history)

[Randy W]

There are SSA memos on thhis subject that you need to take with you - her work authorization is good for 90 days, and she may apply for an SSN up to about 14 days before it expires. I'll find them when I get home.

[Richard & Li]

In our state, we had to get her SSN before we could get married.

 

I'm sure there must be a way of getting it (and Randy will probably find it for you). Did she change her name when you got married? If so, there many be some additional hoops to jump through.

[Richard & Li]

I didn't see the last question.

 

You should apply for AOS & EAD simultaneously. AP too if you have any plans for her to leave the U.S.

[sweattrl1]

simple go to another city near by , and let her apply in her chinese name , and do not tell you are married, this is what i would do. the system will work the way you ask it to, simple,never tell all you know, be wise no one can read your mind, not at the social securty office anyway

[Randy W]

K-1 visa holder is eligible for an "authorized for work" SSN - http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...php?p_faqid=576

 

Holder of an unexpired K-1 visa does not need an EAD to get an "authorized for work" SSN - Policy Statement RM 00203.500 - http://policy.ssa.gov/poms.nsf/lnx/0100203...33;opendocument

 

Holder of an unexpired K-1 visa does not need an EAD to get an "authorized for work" SSN - EM 00154 - http://www.skyweb.net/~rlls/ssn/em00154.pdf

 

SSA should issue an SSN to a K-1 visa holder if applied for within 70 or so days of entry into the US without having an EAD. After then, an EAD is required for an "authorized for work" SSN.

 

 

The third link doesn't work, but just print the other two and take them with you.

[lostinblue]

http://candleforlove.com/forums/index.php?...c=33687&hl=

[warpedbored]

This is a common problem. It seems that the folks at the SSA don't understand the law. Most people simply go to another office and try again. Some have demanded to talk to a supervisor. It would be a good idea to print out their own memo. Here is a link to the PDF of that memo.

http://www.k1k3.com/stuff/SSNMemo.pdf

Here is a link to the SSA website that states the SSA policy.

https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocument

Scroll down to the section that says "1. Aliens Work Authorized Without Specific DHS Authorization" Under the part that says "Class of Admission" it specifically states K-1.

 

If your wife is going to take your family name this is a good time to do it. Some offices will tell you she can't. We had no trouble with that here in Portland although another couple we know who went to the same office we did had to keep her maiden name. If that happens don't sweat it. You can change her name when you file AOS. After she gets her green card go back to the SSA office.

[steveandrong]

ok...i got it now...thanks everyone for the help on this