Fiance k1 and problem with last name

[all4one]

Hi,

My fiance came to US and she and I have to be marriage within 90 days period. We got our marriage certificate the other day. When I went and try to make social security card for her (my fiance), they said that in the system her last name is not correct (basically when she first entered US, the security guy at the airport entered incorrect last name into the system). They said we have to obtain a I-120 form to get a new I-94.

Now my question is in the mean time do I send my marriage certificate to USCIS or how should I go about this? I am completely new to this. What's the next step or can someone explain the right process for me?

Thanks

[Bernie31]

A bit confused here.

I thought that SSN was issued after Employment Authorization was approved. Why an I-120? I thought that was a student Visa.

FWIW, I think that with the 90 day period to get married, it behooves you send the marriage certificate (assuming correct spellings here) to the USCIS regardless of the SSN situation.

HTH

[Russell]

A bit confused here.

I thought that SSN was issued after Employment Authorization was approved.

My wife was able to get a SSN without Employment Authorization. We showed her passport with the VISA in it and a marriage certificate.

[Bernie31]

My wife was able to get a SSN without Employment Authorization. We showed her passport with the VISA in it and a marriage certificate.

Thanks Russell.

Time to try this approach. We have a K3, and Marriage Cert with authenticated translation and will post back how it goes.

[nichole]

A K1 can get a social security number shortly after entry into the US with nothing but the passport and I-94 card. Many local SS office workers are untrained and unfamiliar with this and you can get all sorts of wrong answers from them. Ask to speak to a supervisor if needed. You wait about 2 weeks to make sure the K1's entry info is recorded in the SAVE database, where the SS office must find their name. You would apply exactly as the name is written on the I-94, which would be the maiden name. If the person updating the database of the K1's entry makes a typo, and her name isn't found exactly like the I-94, then the SS office has to have her US entry manually verified by the USCIS. That takes a long time. Otherwise a K1 can have the SS card in hand in about 2 weeks. It would be in the maiden name and say "not authorized to work" but after the green card is received, you can go back and change the name and get the restriction wording removed. If a K1 waits too long to apply and it's within 14 days of the I-94 expiration, then they won't issue a SS card until the green card is received. My K1 husband applied for his SSN on day 10 in the country and had the card in hand by day 21.

The SSN for K1s is discussed in the information sections of this website. See the K1 page. https://www.immihelp.com/usa-visas/k...n-process.html

A K3 can not get a SSN until they receive the EAD or green card.

[Bernie31]

A K3 can not get a SSN until they receive the EAD or green card.

Thanks, Nichole!! That was what I was given to understand when my wife first got here to the US. That has gummed up her chances of getting her Drivers license as well. Any way, all in God's good time.

Strange isn't it? Married K1s can get a SSN but K3s cannot till adjusted or with EAD.

Also, strange are the ways of different state govts in the US of A. Some states give out DL with little fuss (even to illegal types), while others want to see an approved AOS for a K3 before proceeding anywhere in that process.

[Russell]

Thanks, Nichole!! That was what I was given to understand when my wife first got here to the US. That has gummed up her chances of getting her Drivers license as well. Any way, all in God's good time.

Strange isn't it? Married K1s can get a SSN but K3s cannot till adjusted or with EAD.

Also, strange are the ways of different state govts in the US of A. Some states give out DL with little fuss (even to illegal types), while others want to see an approved AOS for a K3 before proceeding anywhere in that process.

Sorry for the confusion bernie. The subject on the thread was about K-1 VISA. I put in my sig that my wife came on a K-1 VISA to help next time.

We showed a marriage certificate so my wifes social security card has her new last name but of coarse it still has the not authorized to work without EAD

[Bernie31]

Sorry for the confusion bernie. The subject on the thread was about K-1 VISA. I put in my sig that my wife came on a K-1 VISA to help next time.

We showed a marriage certificate so my wifes social security card has her new last name but of coarse it still has the not authorized to work without EAD

No harm, no worries, Russell.
I just jumped at that straw. I should have read a bit more carefully.

And congrats on that wedding the very second day in the US. (see, now I read siggys too). You must have been well prepared and all.

[Russell]

It was just a court house wedding.

We had a wedding party in her home town just before she came to the USA. I invited my parents and best friend. For me it was almost the ideal wedding, except for the fact, we had no priest and did not get married hehe.

We both consider the wedding party as our wedding and the court house as just a legal formality.