Social Security Card Problems

[look2me40 0]

Background. My wife's POE date was 5/7. We got married on 7/1. Applied for SS Card on July 13th. Applied for AOS on 7/23. We applied for the SS card under the married name. It was denied August 23rd due to the fact that her I94 expired before they could issue us a card. Interesting...since A: We applied PRIOR to it expiring and B: It was delayed due to the fact they ignored all the supporting documents (ie wedding certificate) about the name change.

So, we're going to complain and appeal...but I am guessing there's nothing we can do except wait until her EAD arrives. The Biometrics is on the 7th of September...and the only real pressing issue is a job interview tomorrow...which in itself isn't a huge deal because I think she'll offer to intern if she's not ready to work because of the immigration stuff yet.

But for the appeal, do we have any hope? It specifically states on the USCIS website an expired I94 is not a problem IF you're already in process for AOS. We have the evidence that we have applied for AOS and it's in progress...but honestly, I don't know how much trouble I want to go through.

[Kathryn41 3,205]

I'm sorry, but I doubt you will have much success with the appeal.

It has always been clearly stated that if you have less than 2 weeks left on the I-94 that the SSN card will be denied. While you applied before the 76th day, you were very close to that limit and with the delays, by the time they got around to processing the SSN the I-94 had expired. Obtaining a SSN is not related to applying for AOS at all so there is no basis for an appeal stating you had applied for AOS. She was eligible to apply based on the K-1 status for the first 76 days of the I-94. She is not eligible based on an AOS application - only on an approved AOS or an approved EAD.

Others have been caught in the same situation so that is why many individuals suggest that you apply for the SSN as soon after arrival as you can even if it is in the maiden name. You can always go back and update the name once you have the marriage certificate, but if you run out of time waiting for marriage and the certificate, then the SSN will be denied until there is another valid condition upon which to grant it - a green card or an EAD. They do not view delays at their end as being their fault; they will state that you should have applied earlier while there was still sufficient time for the processing - especially if there were delays (as there often are with applying under a married name as the name differs from the name in the USCIS database and some SSA resist accepting the marriage certificate as a legitimate document for a name change).

Hopefully she will get the green card or the EAD soon. She may find that even with the EAD she may need to request the SSN in her maiden name if the main data base has not yet been updated to her married name - which generally happens with the green card and not the EAD.

Edited August 29, 2010 by Kathryn41