I-94 expired and we need a SSN for K-1 visa holder!

[Rojo 1]

I have read that you will need a valid I-94 in order to get a SSN for a K-1 visa holder. I did not plan for my wife to work, and still don't, so we did not apply for a SSN. I just realized that she will need a SSN so we can file a joint tax return for 2017!  Her I-94 expired on 11-21-2017 We filed for AOS last month, so it will probably be 5 or 6 months before she gets her green card. Will we have to wait until she gets her green card to get a SSN, or is there another way that she can get it sooner?

[aleful 1,905]

hi

 

once she gets her EAD work permit she can apply for a SSN

 

 

[Dashinka 24,800]

I don’t know of another way to get the SSN.  Did you file for the EAD with the AOS?  If so, she should get her EAD card in the next few months.  Otherwise, you may need to research getting her an individual tax identification number for tax filing purposes.

 

Good Luck!

 

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

[Rojo 1]

I did not file the form I-765 when I filed the form I-485 (I do not intend for my wife to work at this time). If I remember correctly, there was no fee to file the I-765 if it was filed along with the I-485. Now it looks like the fee for the I-765 filed alone will be $410 + $85 for biometrics!

 

[Rojo 1]

Does anyone know if there is some way to "piggyback" the EAD onto to my already filed AOS and avoid paying the additional fee of $410 + $85 biometrics?

[Rojo 1]

Quote

 

Sorry to post without doing my research, but I found that there is no extra fee to file an EAD after filing the AOS. From the USCIS Form I-765 instructions:

 

NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007.

[Boiler 46,122]

Yep

 

Takes 3 to 4 months currently.

 

Sounds like you need an ITIN

[Christina Pizzuti 32]

Hi.

Re: SSN. You can try to apply using the NOA1 from your AOS filing. You may still bring the expired I-94 and passport (very important)

I believed you got married within 90 days. Does the AOS application under the married name? If so, bring a certified copy of marriage certificate.

 

I go through the same, I badly needed the SSN so I can apply for my DMV. Unfortunately, DMV that doesn't want to process my application until I have the ead card. 

[geowrian 22,338]

3 minutes ago, malene1207 said:

Re: SSN. You can try to apply using the NOA1 from your AOS filing. You may still bring the expired I-94 and passport (very important)

I believed you got married within 90 days. Does the AOS application under the married name? If so, bring a certified copy of marriage certificate.

You can get a card in a new name with a NOA1 (in some cases...my wife had to try 3 separate times before they would take it). But you must have at least 14 days of legal status left on the K-1, an EAD, or a green card to apply for the initial card.