Letters from USCIS

[chiaki26 9]

Hi. This is going to be a long one so please bear with me. Just really lost and would appreaciate any insight or advice we could get. Also, if I posted on the wrong thread I apologize; please move to appropriate thread.

Here's a brief background. All of this happened this year, 2015:

Feb 9 - USC fiance is in town, present for our K1 interview at the Manila Embassy. Approved.

Feb 12 - K1 Visa issued

April 19 - POE in Detroit, MI. Took me over a month to come because of work commitments. Explained this to Immigration officer. Officer notes on my passport Visa is ok until July 17, 2015.

June 16 - Got married in Georgia. Got our marriage records and certificate.

June 23 - Applied for Social Security Card

Aug 9 - Moved to Florida from Ohio because husband got a job here

Note: We have not applied for AOS yet. We are in the process of completing documents required.

Recently we have received two letters that really worries us. First, we got a letter last week about my Social Security application. Letter states:

Please go to USCIS Cleveland in Ohio with the documents you have submitted to us. You will also need documentation that shows your Immigration Status.

We have tried calling the number in the letter but we only get the answering machine.

We got another letter today from USCIS. This one makes us really puzzled. It says:

Notice of Decision. It says our Petition of Alien Fiance was approved...with a validity of four months. Subsequently, the petiion has been returned to the USCIS with a finding that the beneficiary was not issued th required K1 Visa. Since the period of validity has expired, the petition will not be revalidated....all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I 129F....

Has anyone gone through a similar situation like ours? We have been doing everything right ever since we started. Hope to get some insight.

Thanks for your time.

Edited August 17, 2015 by chiaki26

[Hypnos 6,576]

Your K-1 visa expired the moment you passed through PoE in April.

To obtain a social security number simply by virtue of being a K-1 you must apply when you have at least 14 days of validity remaining on your I-94. It sounds as if you applied too late, and since you are now out of status will have to wait until you have your EAD until your can successfully apply for a social security number.

The notice you received about the I-129F sounds like a mistake; that somehow the embassy/NVC did not notify USCIS that your K-1 visa was issued and used. You should contact USCIS and inform them of their error.

Edited August 17, 2015 by Hypnos

[chiaki26 9]

Your K-1 visa expired the moment you passed through PoE in April.

To obtain a social security number simply by virtue of being a K-1 you must apply when you have at least 14 days of validity remaining on your I-94. It sounds as if you applied too late, and since you are now out of status will have to wait until you have your EAD until your can successfully apply for a social security number.

The notice you received about the I-129F sounds like a mistake; that somehow the embassy/NVC did not notify USCIS that your K-1 visa was issued and used. You should contact USCIS and inform them of their error.

Thank you Hypnos My husband called USCIS regarding the second letter and we were told that it might have been a typographical/human error. As for Social Security, we applied June 23 and my I 94 was good until July 17. We would contact Social Security and see if we could have our case transferred to the Tampa office which is closer to us, and see what is going on.

Thank you for your reply, helped me feel a bit at ease

[Hypnos 6,576]

With regards to your social security card, it sounds as if they dragged their feet processing it, perhaps intentionally (not sure why), but most likely by accident. Either way, it's now too late for you to be an issued a number without at least an EAD.

Edited August 17, 2015 by Hypnos

[chiaki26 9]

Just one quick question: Can we apply for AoS even without a social security number for me? My husband said we cant put my name on his bank account without. i havent really read too far about Aos procedures but I understand part of it is showing we have joint account under our names.

[Ebunoluwa 6,136]

Yes you can apply without a SSN for AOS. You may or may not have an interview and can bring co mingling evidence to the interview, it's not necessary to submit it with the AOS application.