What first?

[maxsalvo]

Hi Everyone,

The airline tickets have been purchased and my fiance will be arriving in America in a few short weeks (July 28, 2009 Newark POE). I have been reading, reading, reading. Many of the posts and guides I have been reading seem to be quite old. Some as much as a couple years. I know that some are updated but I want to be perfectly sure that I make each and every move count with no mistakes and without getting things out of order. I would also like to add the fact that my fiance has a job as soon as she can legally work and this is extremely important to her to start working right away.

 

CFL was a huge help in getting through the visa process and consulate in Guangzhou. I hope someone can help us with this area as well.

 

I am hoping someone can direct me as to the proper steps once my fiance arrives. I know we must marry, get her a SS card and file AOS, EAD and AP but I'm just not sure in which order and how long to wait before before doing each step. Do we marry first or the SS card first. Do we open a joint bank account in the married name or before? How long after that before we file for AOS,EAD and AP? Somewhere I read we should wait 2 weeks before applying for the SS number. Is this necessary? So many questions. If someone can help us out with an up to date and numbered plan it would be very beneficial and helpful to both of us.

 

Thank you very much for your help.

 

Max

[dnoblett]

Steps:

1. Enter the USA
   
2. Wait a couple of weeks and then apply for SSN (Many SSA officers tend to give a hard time if you try to apply for one after marriage.
   
3. Apply for marriage license. (Some states wont issue a license unless both persons have SSN (The reason K-1 can apply for SSN and the other K-Visa types cannot.))
   
4. Get married.
   
5. Visit US Civil Surgeon to get I-693 vaccination record done, if you get vaccinated in China before coming to the USA you bring the "Yellow book" to the doctor.
   
6. Wait for marriage cert so that you can file AOS.
   
7. File AOS
   • + EAD (If you plan on work before green-card)
     
   • + AP (if you plan on foreign travel before green-card)
     

[*] Wait up to 90 days for EAD and/or AP document.

[*] May be interviewed for green-card or may be approved without an interview.

[*] Wait for green-card

[jaybird]

A K-1 visa holder are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94).

 

On the other hand, you should also not file for a SSN too soon either. You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe.

 

[jaybird]

Oh, I got my SSN after 2 weeks of entry. Then I got married and changed my last name. I wanted to have my name on the SSC changed but my I-94 was about to be expired within a week. And they couldn't manage to change my name. So if you get the SSN, and you want to have the name on the SSC changed after marriage, make sure to do it 2 weeks before the I-94 expires.

 

Edited July 9, 2009 by jaybird (see edit history)

[Guest Pommey]

I will add one thing that has changed over the last year- getting a state ID/DL.

 

you need to do this as soon as you have SS# and well before the 1-94 expires or they (DMV's) will make you wait until you have NOA-1 on AOS either way though the ID will have a very limited validity time (either the expiration date of the visa or 6 months from AOS receipt date.

[Randy W]

I will add one thing that has changed over the last year- getting a state ID/DL.

 

you need to do this as soon as you have SS# and well before the 1-94 expires or they (DMV's) will make you wait until you have NOA-1 on AOS either way though the ID will have a very limited validity time (either the expiration date of the visa or 6 months from AOS receipt date.

 

 

Uh - no! That's changed in the direction that it is less likely to happen.

 

I'm not sure that any state will let you do this now. Jiaying was able to get both a state ID and a DL that expire in 4 years before her I-94 expired, but others have reported that it won't happen.

 

Check your own state requirements, but most require EAD or green card.

Edited July 9, 2009 by Randy W (see edit history)

[warpedbored]

Here is what we did. First we got married, that way we could get the SSN in her married name. Second we went to the SSA office and applied for a SSN. We took a certified copy of our marriage license, her passport with visa and I-94 inside and a piece of mail that had been delivered to her at our home address. Be prepared for problems with the SSA office. Many don't understand that K-1 visa holders are eligible to receive a SSN. Here is a link to the SSA website where if you scroll down below where it says

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission: 1. Aliens Work Authorized Without Specific DHS Authorization

It clearly lists K-1 https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument Print it out and take it with you. If they give you a hard time ask to speak to a supervisor. If the supervisor gives you a hard time go to another office where you will hopefully have better luck. Next we went to the DMV with the SS card and all the pertaining documents. This varies from state to state so you may not be able to get her a state ID card until she gets an EAD or completes the adjustment of status process. Our next stop was the bank where I added her to all of my accounts. I feel this is important evidence for AOS to prove a bonafide marriage. Next stop was the civil surgeon where we took our yellow book proving vaccinations and had him give us an I-693 supplimental. This has changed since we went through the process. Now the civil surgeon needs to fill out only the section of the I-693 that pertains to vaccinations. Many will try to tell you she needs a whole new exam, not true. You may have to call several before you find one that will sign off on it. If you didn't get the vacinations in China and received a little yellow book she will have to have them before you file AOS. If all else fails there is a civil surgeon in Texas you can mail your documents to and have it done. Lastly we filed the I-485 to adjust status along with the I-864 affidavit of support. With the last fee increase they changed the rule so that you can now file an I-765 employment authorization along with the I-485 and I-864 with no additional fees.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Good luck

[maxsalvo]

Here is what we did. First we got married, that way we could get the SSN in her married name.

 

Steps:

1. Enter the USA

2. Wait a couple of weeks and then apply for SSN (Many SSA officers tend to give a hard time if you try to apply for one after marriage.

#3 Apply for marriage license.(Some states wont issue a license unless both persons have SSN (The reason K-1 can apply for SSN and the other K-Visa types cannot.))

 

First off, A big thank you to everyone who gave a detailed description/steps and shared their experiences.

 

Reading the two quotes above I see where it seems logical to marry first and then get the SS# but the second quote tends to try and steer me away from that. I also know that when dealing with government agencies, taking the "logical" approach is not always the most efficient.

 

I called the office that issues the marriage certificate in my area and a valid passport along with a birth certificate is all that is necessary to obtain the license so that shouldn't be a problem.

 

"Many SSA officers tend to give a hard time if you try to apply for one after marriage." Would you please explain the reasoning behind this?

 

With all of the above in mind, what are the pros and cons of marrying first vs. SS# first?

 

Thanks in advance,

Max

[Randy W]

Here is what we did. First we got married, that way we could get the SSN in her married name.

 

Steps:

1. Enter the USA

2. Wait a couple of weeks and then apply for SSN (Many SSA officers tend to give a hard time if you try to apply for one after marriage.

#3 Apply for marriage license.(Some states wont issue a license unless both persons have SSN (The reason K-1 can apply for SSN and the other K-Visa types cannot.))

 

First off, A big thank you to everyone who gave a detailed description/steps and shared their experiences.

 

Reading the two quotes above I see where it seems logical to marry first and then get the SS# but the second quote tends to try and steer me away from that. I also know that when dealing with government agencies, taking the "logical" approach is not always the most efficient.

 

I called the office that issues the marriage certificate in my area and a valid passport along with a birth certificate is all that is necessary to obtain the license so that shouldn't be a problem.

 

"Many SSA officers tend to give a hard time if you try to apply for one after marriage." Would you please explain the reasoning behind this?

 

With all of the above in mind, what are the pros and cons of marrying first vs. SS# first?

 

Thanks in advance,

Max

 

I wouldn't say many - just those bozos at the SS office who think they know that her visa goes away when she gets married. Ask to speak to a supervisor.

 

If you wait until after getting married, you can maybe get the married name on it - the only advantage. However, they are supposed to put her immigration name on it.

Edited July 15, 2009 by Randy W (see edit history)

[shushuweiwei]

Here is what we did. First we got married, that way we could get the SSN in her married name.

 

Steps:

1. Enter the USA

2. Wait a couple of weeks and then apply for SSN (Many SSA officers tend to give a hard time if you try to apply for one after marriage.

#3 Apply for marriage license.(Some states wont issue a license unless both persons have SSN (The reason K-1 can apply for SSN and the other K-Visa types cannot.))

 

First off, A big thank you to everyone who gave a detailed description/steps and shared their experiences.

 

Reading the two quotes above I see where it seems logical to marry first and then get the SS# but the second quote tends to try and steer me away from that. I also know that when dealing with government agencies, taking the "logical" approach is not always the most efficient.

 

I called the office that issues the marriage certificate in my area and a valid passport along with a birth certificate is all that is necessary to obtain the license so that shouldn't be a problem.

 

"Many SSA officers tend to give a hard time if you try to apply for one after marriage." Would you please explain the reasoning behind this?

 

With all of the above in mind, what are the pros and cons of marrying first vs. SS# first?

 

Thanks in advance,

Max

 

In NY, an SSN is not required to obtain a marriage license but the license states that it must be returned after the wedding with both SSNs on it or a wedding certificate won't be issued. This probably varies from state to state so you have to check in your state whether you can get both a marriage license and marriage certificate without an SSN.

 

If you are in NY, it seems you need to get the SSN to get the marriage certificate (but not the marriage license) that you'll need for the SSN in the married name.