K-2 trying to get social security card

[Davidq]

Okay I am seriously confused.

 

QingHong went down today to Social Security office to get and her daughters SS number. QingHong had no problem.

 

Apparently we need form I-765 for her daughter who is 9 years old to get her SS number?

 

The SS office gave her a letter with where the local USCIS office is and at the bottom of the letter they wrote " K2 child of K1 alien must have DHS Employment Authorization I-766." I know the 766 is an error. It is 765. I looked it up on VJ.

 

So I get the example form from VJ. On question 16 it asks for " Go to part 2 of the instructions, Eligibilty instructions categories, in the space below, place the letter and number of the category you selected from the instructions"

I cannot find the instructions!!! Went to USCIS website to look at the form and cannot find page 2.

 

We are not married yet. That is going to happen September 24. Did we try to get the daughters ss number too quickly?

Help is appreciated.

 

 

Now the next question. We are going to be married the weekend of September 24th. The Visa expires October 11th. What if we do not get the certified copy before then? We want to file AOS asap. Already have all the documents printed out and filled. DO we have enough time?

 

Thanks gang.........you have been very helpful in the process!

[dnoblett]

You will have to wait until K-2 has either EAD card or Green-card to be able to apply for SSN.

 

Eligibility for SSN is either US Citizenship, or Employment Authorization, US citizens are authorized to work, and persons with EAD or green-cards are also authorized to work.

 

K-1 is treated as technically authorized to work while their I-94 card is valid, the other K-Visas (K-2, 3, and 4) are not, the reason has not to do with working, it has to do with getting married, some states have a requirement that anyone applying for any type of license are required to provide a SSN, before issuing a license, since K-1 is in the states to get married, and the other K-Visas are not, the K-1 needs SSN to apply for a marriage license.

 

The child should not need SSN to enroll in school.

 

And what expires oct 11th? Visa or I-94 card? Visa's expiration is only the last day it can be used to enter the USA, and has nothing to do with what happens after arrival, once in the USA, the visa is USED and considered to be VIOD, it's the expiration date set by the POE officer on the I-94 card that has meaning, a K-1 needs to marry before the I-94 card expires, and then should file an I-485 to adjust their status.

 

If you married within 90 days after arrival, you are OK with this, now the next step is to file an I-485 for the K-1 and for the K-2. And Attach an I-765 to each application to adjust status since it costs nothing extra. Perhaps also attach an I-131 to each just in case wish to travel prior to getting green-cards, this too is no added expense.

[Davidq]

Thanks Dan for the clarification. The daughter is already enrolled in school so no problem there.

 

The I-94 on the passport is dated October 2oth. We will be married by then. I just didn't know if we were a bit late in applying AOS if there would be a problem.

 

 

Thanks again

[dnoblett]

Thanks Dan for the clarification. The daughter is already enrolled in school so no problem there.

 

The I-94 on the passport is dated October 2oth. We will be married by then. I just didn't know if we were a bit late in applying AOS if there would be a problem.

 

 

Thanks again

As long as you marry before I-94 expires will have no problems, file the two I-485's ASAP after marriage, it is understood sometimes file after I-94 expires for some reasons like having to wait for a marriage cert, or perhaps a tax return to attach to I-864.

 

Also any overstay (The time after I-94 expires) is forgiven when green-card is approved. Keep in mind if you do delay filing I-485 for more than 6 months after I-94 expires, then don't bother with I-131 for AP doc, it wont prevent bar on entry due to overstay of more than 6 months.