AOS / SS Card / Name change after marriage

[Hobber]

Hi All,

 

Its been a crazy and hectic last 2 weeks. But all worth it!!! I flew to HKG to get my love, spent a week in the Rockies (UT) and got married :)Now the next steps and I have a few questions.....

 

1)Is there a link on here on what exactly is needed for AOS? Do we need the actual marriage license for this? I only have the marriage certificate thus far. Maybe another 2 weeks before we get the marriage license in the mail.

 

2)When can I get her a SS Card/SS number? What is needed?

 

3)I assume we cant do her name change yet. We need the marriage license first, correct?

 

4)We are planning to go back to China the end of March for a Chinese wedding.I dont think we will have her green card by this time. What is needed for Lili to leave the States for the China wedding and get back into the states after?

 

5)Finally, we currently live in Texas. However, we are moving to Utah in March. How will this effect AOS (any)?

 

Thanks,

 

Matt and Lili

[warpedbored]

You will need a certified copy of the marriage license. Take it and her passport to the SSA office. They may or may not issue a SS card in her married name. We had no trouble but others who went the same office here in Portland had to settle for a SS card in her maiden name. It can be easily changed once she has a green card. Fill out the I-485 and all supporting documents in her married name. It's been too long for me to remember what all is needed but I'm sure someone else will come along soon.

[dnoblett]

1) I used this guide to the letter: http://www.visajourn...om&page=k1k3aos

 

2) Can apply for one during the 90 days after entry to the USA, typically wait 10 days after entry for USCIS to update database as to status, and no later than 10 days prior to the 90 day mark after entry to the USA.

Guide: http://www.visajourn...custom&page=ssn

 

3) Correct, in most states the act of marriage also legally changes family name if so chosen.

 

4) A K-1 cannot leave the USA until they have green-card, or Advance Parole (File and I-131 along with the I-485) Sometimes this takes as long to get as the green-card. ( A March trip is cutting it close), Note: One advantage of the CR-1 spouse visa is immediate green-card allowing immediate travel after arriving in the USA.

 

5) Some simply wait to file the AOS after settling down in their home, to avoid having important things lost in the mail, like green-cards. Filing the I-485 late by a month or so rarely encounters problems, simply get married before the I-94 card expires.

Edited January 3, 2012 by dnoblett (see edit history)

[Randy W]

 

4)We are planning to go back to China the end of March for a Chinese wedding.I dont think we will have her green card by this time. What is needed for Lili to leave the States for the China wedding and get back into the states after?

 

 

If you can't get an AP in time for this, take the receipts for your I-485 AND I-131 applications to an Infopass Appt. You can probably get an Emergency AP on the spot.

[Hobber]

Thanks!!!

 

I clicked on the link and printed out the following forms:

 

I-485 AOS

I-864 Affidavit of Support

G-325A Biographic Info

I-765 Employment Authorization

I-131 Application for Travel document

G-1145 E-Notification

 

 

1) Is this all we need for AOS? I looked at everything briefly and dont see a cost? What is the cost associated with AOS? I assume I need to send in another check.......

 

2) I-864 and G-325A we already filled and sent in. Do we need to do this again for this step?

 

3) I-765 Do we need to fill this out? My wife will not be working for a while (maybe 5 years from now)

 

4) I-131 this is needed for travel out of the States (before we get green card), correct?

 

Thanks,

 

Matt and Lili

[dnoblett]

Thanks!!!

 

I clicked on the link and printed out the following forms:

 

I-485 AOS

I-864 Affidavit of Support

G-325A Biographic Info

I-765 Employment Authorization

I-131 Application for Travel document

G-1145 E-Notification

 

 

1) Is this all we need for AOS? I looked at everything briefly and dont see a cost? What is the cost associated with AOS? I assume I need to send in another check.......

 

2) I-864 and G-325A we already filled and sent in. Do we need to do this again for this step?

 

3) I-765 Do we need to fill this out? My wife will not be working for a while (maybe 5 years from now)

 

4) I-131 this is needed for travel out of the States (before we get green card), correct?

 

Thanks,

 

Matt and Lili

1) Yes, Note I-765 and I-131 are optional, however most file them because there is no added cost to do so.

 

In my case at the time they were at added cost, so we did not file them, we had no plans for travel or work.

 

2) You did not provide an I-864 at K1 visa interview, you used an I-134, which is NOT the same, you are now required to sponsor the green-card, which uses I-864, or I-864EZ, Note spouse status changes, name, and address have changed for your bride, so she needs to provide a new G-325A with the changed information. (The US Citizen does not provide a G-325A, only the person applying for a change of their status from NON-Immigrant to Immigrant, so only ONE G-325A will be attached to the I-485.)

 

We used the I-864EZ because, (My income is enough to support an immigrant, I did not use assets, No Joint sponsor, and only sponsoring one immigrant)

 

3) I-765 is optional, however many do it to get the ID card, but in many cases the green-card arrives very shortly after getting the EAD card. If no plan on working before getting a green-card, you can simply not file the I-765.

 

4) Correct.. In your case you anticipate possible travel this March, so this is a reason to file the I-131.

Edited January 4, 2012 by dnoblett (see edit history)

[Hobber]

Whats the easiest/best way to handle this?

 

Should we do the name change now and get her social security card/number now or should we wait until after we turn in AOS paperwork and get green card back?

[dnoblett]

Whats the easiest/best way to handle this?

 

Should we do the name change now and get her social security card/number now or should we wait until after we turn in AOS paperwork and get green card back?

My wife and I married, the marriage cert shows married name, we then filed for SSN in married name, and filed the I-485 using married name so that the resulting green-card would have married name on it.

 

As for when to get SSN it can me before or after marriage, however not after the I-94 card expires, if the I-94 has expired, the next opportunity to apply for SSN will be after getting an EAD or green-card. If apply for SSN before marriage, many SSA offices wont issue an updated SSN card in married name until having EAD or green-card, also many SSA offices wont issue a SSN after a marriage, due to the reason they issue SSN to a K-1 no longer exists in their minds, the reason of getting married. Some states and localities will not issue a marriage license unless both parties have a SSN, this has to do with a fed law requiring persons applying for any "license" to have a SSN, this is Driver's license, Business License, work license, hunting license, marriage license, etc....

 

Having a SSN is NOT a requirement to file I-485 to adjust status.

 

I-485 has a line "name on I-94" that is for maiden name, G-325A has a line "Other Names Used" that is for maiden name.

[Randy W]

Minor issue, but the SSN's are issued for individuals with work authorization. Marriage is not a concern of the SSA. That is, a married individual has the same right to an SSN as an unmarried individual. In fact, the SSA seems to have an issue with issuing SSN's to K-1's BEFORE marriage (but still follow policy in that regard).

 

Whether or not you can get a JOB with the K-1 "work authorization" is another issue entirely. Usually no, but there have been employers who accept K-1 status as evidence that you WILL have an EAD authorization within the 90 days required by law. Most require you to have the EAD card in hand.

 

SSA - Assignment of Social Security Numbers to Non-citizens with Fiance Visas. This document refers to the policy of issuing SSN's ONLY within the first 76 days of a K-1's arrival (i.e., NOT within 14 days of the I-94 expiration: "SSA policy states field office personnel should not process an SSN application when an individual's DHS document or immigration status has expired or will expire within 14 calendar days.").

Under §205( c )(2)( B )(i)(I) of the Social Security Act, SSA is required to assign SSNs "to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . ." Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs.

 

In addition, the Code of Federal Regulations (C.F.R.) requires that K 1 visa holders who seek employment must also apply for an Employment Authorization Document (EAD) with DHS. However, SSA policy states that an unexpired I 94 (Arrival/Departure Record) with a "K 1" admission code confirms work authorization for a foreign fiancé, and therefore SSA does not require that K 1 visa holders present an EAD when applying for an SSN. The Agency established its policy based on the Immigration and Naturalization Service's, now DHS, guidance in 1998. At that time, DHS could not always process and issue an EAD to K 1 visa holders before their 90 day stay in the United States expired. DHS sent a memorandum to SSA clarifying which evidentiary documents established K 1 visa holders' work authorization. DHS' memorandum advised SSA that "Evidence of K-1 status includes an unexpired Form I-94 showing admission as a K-1 nonimmigrant with an admission period of 90 days or an EAD referring to INS regulations at 8 CFR 274a.12(a)(6)." [Emphasis added]

We acknowledge law and DHS regulations authorize K 1 visa holders to work. We also realize the Social Security Act requires that SSA assign SSNs to those who are eligible to receive one. However, we believe assigning an SSN to K 1 visa holders who choose not to marry makes it easier for them to remain in the country after their immigration status expires. DHS and Department of State personnel with whom we spoke acknowledged K 1 visas are problematic because some individuals commit marriage fraud or overstay their authorized period of admission. In fact, a consular officer in the Department of State's Fraud Preventions Program stated many K 1 visa applicants do not marry the petitioner. Additionally, DHS' Immigration and Customs Enforcement initiated almost 200 administrative cases involving K 1 visa holders who violated or may have violated the conditions of their immigration status by committing marriage fraud or remaining in the United States beyond the date authorized. Furthermore, some of the overstayers DHS identifed continued working after their immigration status expired.

 

SSA FAQ - My immigration document shows K-1. How do I get a work Social Security number?

Edited January 5, 2012 by Randy W (see edit history)