We have Arrived!

[Vinny]

Hello Everyone, thank you everyone in the past that answered my questions regarding the K1 process in bringing my Fiancee over to the States. We just got back Saturday 3/20. We are so jet lagged right now. My question is what do I do at this point. I know one thing is to get married withing 90 days. What do I need to fill out for Green Card? Do I apply for SSN# after we get married?

 

Thanks

Vinny and Qing

[dnoblett]

Hello Everyone, thank you everyone in the past that answered my questions regarding the K1 process in bringing my Fiancee over to the States. We just got back Saturday 3/20. We are so jet lagged right now. My question is what do I do at this point. I know one thing is to get married withing 90 days. What do I need to fill out for Green Card? Do I apply for SSN# after we get married?

 

Thanks

Vinny and Qing

The K-1 is treated by SSA as a work authorized primarily to get SSN for dealing with some states that require SSN before they will issue a marriage license.

 

You can apply for SSN a few weeks after entry, then apply for a marriage license shortly after that, then file to adjust status.

 

In our case NY does not require SSN for marriage license, so we applied for license a few weeks after entry, and then got legally married a few days after, and then applied for SSN in married name. (Note: Some SSA offices will give you the run-around about married name, so may need to simply apply for SSN in maiden name and then get it changed after getting EAD or Green-card)

[d&z]

congrats on you both being here now. My fiance got here on 3-18-2010. She is still getting used to the time difference so it does take a little while to get used to.

[Vinny]

So what you are saying is to apply for SSN under her maiden name then get marriage certificate, then adjust status for Social Security to correct the name? Do any married couples who the wife keeps her maiden name and not use the husbands last name? If that is the case do we still need to adjust? And after all that's done, do we just wait for Green Card? Also she will not be able to travel out of USA until Green card arrives right?

[dnoblett]

So what you are saying is to apply for SSN under her maiden name then get marriage certificate, then adjust status for Social Security to correct the name? Do any married couples who the wife keeps her maiden name and not use the husbands last name? If that is the case do we still need to adjust? And after all that's done, do we just wait for Green Card? Also she will not be able to travel out of USA until Green card arrives right?

If not taking husbands name through marriage, then apply for SSN before marriage, and later when you get green-card you can visit SSA and have the "Valid with DHS auth" notation removed.

 

Again the normal procedure is:

1. Enter USA on K-1
   
2. Wait a couple weeks and apply for SSN
   
3. Apply for marriage license
   
4. Marry
   
5. Get marriage Cert
   
6. File I-485 to adjust status from NON-Immigrant to Immigrant and get green-card.
   
7. Visit SSA after getting green-card to remove restriction on the SSN card.
   

As for travel a K-1 cannot travel until they have AP document or Green-card. Apply for AP by filing an I-131 along with the I-485.

 

Also while you are adjusting status, file an I-765 along with I-485 to get EAD to allow working while waiting for green-card.

[Vinny]

Thanks Again Dan! You have been a huge help through my process!