Problems Getting Social Security # with K-1 Visa

[Mike&Cherry 45]

Hello Everyone. How are you doing? Well Cherry and I have made it though the main part of the process. She is now here in the US and we have gotten married within the 90 day requirement for the K-1 Fiance Visa. We will be sending in the forms for AOS. The problem is that we are trying to get her name on things like the cable bill, electricity, Bank Accounts, Health insurance, Life Insurance and other things so that we can prove cohabitation. The problem is that she needs a Social Security Number for most of these things.

So on this past Thursday we went to the Social Security office. They would not give her a scocial security number because the experation on her visa was on Wed 5/09/2012. We were one day off. This experation date was the 90 day period we had to get married in, which we did. But the lady at the Social security said that there was nothing that could be done and that my wife is now here illegally. Of course I know that she is not here out of status, but her statement proved that she has no clue about the immigration process. To make matters worse she did not even know what we needed to do to get them the proper unexpired documentation to get my wife a social security number. I asked to speak with a manager and the manager knew even less of the lower level employee knew. I feel like we are at a loss and have no clue what to do next. We need your help. Any suggestions on what needs to be done? We would really appreciate your help. Thanks.

Mike

[nickbits 43]

You need to wait until you have your EAD or greencard to get a SSN. Nothing else you can do now that your I94 is expired.

Edited May 12, 2012 by nickbits

[Mike&Cherry 45]

Thanks for your quick response. It's unfortunate that we missed it by one day. So the next step it to process the AOS. But I was wondering if we were going to apply for EAD how long do you think that would take? Is it really worth it to get the EAD or is it best to just wait for the greencard? We need to get my wife the SS # so that we can have her name put on everything. Thanks for your help.

Mike

[Darnell 8,478]

whoa. slow down.

what are the two dates on the I-94? SSA office is to use the dates on the I-94, never the dates printed IN THE VISA.

whatcha got ?

[C-ma'am 684]

Hello Everyone. How are you doing? Well Cherry and I have made it though the main part of the process. She is now here in the US and we have gotten married within the 90 day requirement for the K-1 Fiance Visa. We will be sending in the forms for AOS. The problem is that we are trying to get her name on things like the cable bill, electricity, Bank Accounts, Health insurance, Life Insurance and other things so that we can prove cohabitation. The problem is that she needs a Social Security Number for most of these things.

So on this past Thursday we went to the Social Security office. They would not give her a scocial security number because the experation on her visa was on Wed 5/09/2012. We were one day off. This experation date was the 90 day period we had to get married in, which we did. But the lady at the Social security said that there was nothing that could be done and that my wife is now here illegally. Of course I know that she is not here out of status, but her statement proved that she has no clue about the immigration process. To make matters worse she did not even know what we needed to do to get them the proper unexpired documentation to get my wife a social security number. I asked to speak with a manager and the manager knew even less of the lower level employee knew. I feel like we are at a loss and have no clue what to do next. We need your help. Any suggestions on what needs to be done? We would really appreciate your help. Thanks.

Mike

I'm sorry this is happening to you guys. While I have no idea how this can be fixed, I wanted to ask you something for my own piece of mind.....

The expiration date they are talking about is it: a) The Expiration Date on the K1 visa itself? b) The expiration date of the I-94 form c) the thing on the visa that says PET VALID THROUGH:

I got here on APR 23, my K1 expires on 10 OCT 2012, my I-94 expires on 21 JUL 2012, the PET was VALID THROUGH May 9, 2012 and we are getting married on June 16th.

[Darnell 8,478]

Celeste? You want an SSN? follow the dates on the I-94. The visa is invalidated as you crossed into the USA.

Celeste? You hit the SSA office apprx 3 weeks past POE date, and apply in VISA NAME. Ask them to look you up in your VISA name and the A#. If they can't find you, come back in a week. If there is spelling error in their computer system, you must fix before you can successfully apply.

Celeste? You are ineligible to apply for the SSN at a timetick representing 2 weeks prior to I-94 expiration. Prior to that, you can apply.

Edited May 12, 2012 by Darnell

[C-ma'am 684]

Celeste? You want an SSN? follow the dates on the I-94. The visa is invalidated as you crossed into the USA.

Celeste? You hit the SSA office apprx 3 weeks past POE date, and apply in VISA NAME. Ask them to look you up in your VISA name and the A#. If they can't find you, come back in a week. If there is spelling error in their computer system, you must fix before you can successfully apply.

Celeste? You are ineligible to apply for the SSN at a timetick representing 2 weeks prior to I-94 expiration. Prior to that, you can apply.

Thank you, I emailed you through your profile, because I don't want to hijack the post.

[Kathryn41 3,205]

I've moved this thread from the AOS forum to the Working and Travellling during Immigration forum as SSN questions are addressed here - at least until we get the new SSN sub-forum up and running .

Moderator hat off . ..

To add to what Darnell said, once the K-1 is used to enter the US, the I-94 becomes the immigration document that determines your legal status. As a K-1 you are allowed to apply for a SSN but because it takes a few days to process and it needs a dated immigration document in order to be processed, SSA doesn't process any SSN within 2 weeks of an immigration document expiring. So, you do need to apply for a SSN at least 2 weeks prior to the I-94 expiring. Once the I-94 expires, then you need a new dated immigration document that proves you are eligible to get a SSN. This can be an EAD (Employment Authorization Document) or it can be the actual green card.

Once the 90 days listed on the I-94 expires, then yes, the immigrant no longer has legal status in the US unless they have filed to change their status. If they are a recent fiance who married within the terms of the 90m days, then they are allowed to file to remove conditions from a K-1 non-immigrant to a permanent resident based upon the K-1 status entry, even if they are no longer in status.Once you apply for AOS, your status then becomes legal once again, but because you don't have a 'dated' immigration document showing how long you are legally allowed in the US, SSA cannot process your application (you will have the same problem applying for a DL in most states as well)..

Yes, it is worth applying for the EAD along with the AOS even if the person does not intend to work. The EAD is a dated immigration document that proves legal status in the US. It can be used to get a SSN and it can be used to get a DL. It is almost always approved well in advance of the Green Card itself (although not always).

So, if you have applied to change status to become a permanent resident, you are not 'illegally' in the country. SSA is rather notorious for having a very poor understanding of how US immigration works and most employees are not exposed to circumstances such as those created by a K-1 visa. If you have not applied for AOS, you are still not in the country 'illegally' but you no longer have legal status. You entered the country legally and you are allowed by Immigration regulations to change your status.

It is a good idea for anyone entering on a K-1 to apply for their SSN within the first few weeks after entering the US whether they have been married yet or not. It is much easier to change your name to your married name afterwards - and if you run into trouble doing that, you still have your SSN.

So, yes, apply for the EAD and when that comes, apply for a SSN.

Edited May 12, 2012 by Kathryn41

[Darnell 8,478]

Thank you, I emailed you through your profile, because I don't want to hijack the post.

Oh let's hijaak for today . If you reread my profile, you can understand why.

[tbouch 0]

Mike,

At this point in the process it is not neccesary for you to have your wifes name on these things. The only reason you would need her to have the Social Security Card is for her to work or to claim her on your taxes.

[SF2007 48]

Mike,

At this point in the process it is not neccesary for you to have your wifes name on these things. The only reason you would need her to have the Social Security Card is for her to work or to claim her on your taxes.

Inaccurate. While it is not necessary, it's better to have one asap. A social security number is also often required to be added to a spouse's car insurance, utility bills and obtain a driver's license, which are all good proof of bona fide marriage to bring to an eventual interview.

[VanessaTony 3,567]

Thanks for your quick response. It's unfortunate that we missed it by one day. So the next step it to process the AOS. But I was wondering if we were going to apply for EAD how long do you think that would take? Is it really worth it to get the EAD or is it best to just wait for the greencard? We need to get my wife the SS # so that we can have her name put on everything. Thanks for your help.

You didn't miss it by one day, you missed it by 15 days. You are ineligible to apply if there is 14 days or less on your I-94.

The fee for the EAD is waived when applying with AOS so yes it is worth it. It takes 60 days roughly to get the EAD.

Some stuff won't require an SSN so add her to what you can without needing the AOS.