When does a K-1 Visa expire? And why does that matter toward getting a SSN?

[FeelingYoung66 14]

My local Social Security office is now finally issuing SSN's again if you make an appointment to see them in advance.  I called them to make an appointment for my K-1 wife to receive her SSN and they asked what her Visa status was at the present time. I explained that she crossed the border into the U.S. from Canada on March 18 (the same day that Social Security offices shut down) with her K-1 Visa and that we married in early May. I further added that we had then applied for her AOS and EAD/AP a week after our marriage and that we were awaiting approval. The very nice Social Security rep then asked me if the K-1 Visa had "expired". I didn't know what to say. She told me that since the K-1 Visa had "expired" my wife has no Visa status in the U.S. and won't until the EAD application is approved, and for that reason she cannot apply for a SSN at this time. The system would deny it if they tried. So my question is.. when exactly did my wife's K-1 Visa "expire"?

 

1) When she crossed the border into the U.S.?

2) When she married?

3) 90 days after crossing the border?

4) 6 months after her K-1 physical exam?

 

And is it true that she has no Visa status in the U.S. at present while awaiting her EAD/AP?

 

She badly needs that SSN to participate in society. Its been nearly 5 months since she crossed the border.

 

Thanks in advance to all who answer.

[Boiler 45,497]

K1 is a single use visa so it expired when used to enter.

 

Her status expired 90 days after entry.

 

She is here under colour of law.

 

K1 has may issues which have been discussed extensively on here.

[Scandi 4,166]

As Boiler said, the K-1 visa expires the second you get into the US. CBP then gives you a 90 day stay (that's your i-94). 

 

From the date the i-94 expires until the date the lawful permanent residency is approved, you're out of status. While the i-485 is pending you're under authorized stay, but you don't have a status per se. 

 

The EAD and/or AP does not give you a status in the US, but it's enough to get a SSN.

[geowrian 22,337]

To add to the above...

 

To apply for an SSN, you must have at least 14 days of legal status remaining. The legal status ended 90 days from POE. So her next opportunity to get an SSN is when she gets an EAD. After that, it's when she gets a green card.

[Just Paul 4,595]

She won't be able to get a SSN until getting an EAD.  If she has a job offer that can be grounds to expedite the EAD.

[geowrian 22,337]

What exactly does she need an SSN for at this time?

[FeelingYoung66 14]

23 minutes ago, geowrian said:

What exactly does she need an SSN for at this time?

Driver's license, car insurance, credit rating agencies won't issue a "no history" letter without a SSN (we've tried three times), being registered as an RN in Texas is impossible without a SSN (as an RN she could help with Covid), opening a bank account, etc..

 

Thank you to the others who replied.

[geowrian 22,337]

32 minutes ago, FeelingYoung66 said:

Driver's license, car insurance, credit rating agencies won't issue a "no history" letter without a SSN (we've tried three times), being registered as an RN in Texas is impossible without a SSN (as an RN she could help with Covid), opening a bank account, etc..

DL: The Texas DMV website indicates it is not required to provide an SSN unless you have one (except commercial DLs): https://www.dps.texas.gov/DriverLicense/ssn.htm. You can fill out an affidavit if you don't have one.

Quote

Individuals who do not have a SSN, have never been issued a SSN, or are not eligible for a SSN can visit any driver license office and complete an affidavit attesting to such.

 

Car insurance: Moot point without the DL. With a valid DL, I'm more than confident there are companies that will provide insurance (a quick online search shows a few, but there are likely more who can do so via phone).

 

Not sure why a "no history" letter is needed (you already filed for AOS, so it can't be for the I-944...which also is no longer needed or being used). Is a mortgage company asking for it or something?

 

RN: A quick search indicates that the online application requires an SSN at this time, but the paper form does not - and that's what they direct people who do not have an SSN to use.

https://www.bon.texas.gov/licensure_examination.asp#paper

I actually know a Filipino RN who is being sponsored for a visa by a TX hospital. She is licensed there already and has no SSN yet.

She can't help with COVID until she is authorized to work (i.e. via an EAD or green card).

Edited August 9, 2020 by geowrian

[FeelingYoung66 14]

8 hours ago, geowrian said:

RN: A quick search indicates that the online application requires an SSN at this time, but the paper form does not - and that's what they direct people who do not have an SSN to use.

Actually, the Texas Board of Nursing stopped accepting paper applications for licensure last May. So it's online applications only now, which requires a SSN to complete.

 

8 hours ago, geowrian said:

DL: The Texas DMV website indicates it is not required to provide an SSN unless you have one (except commercial DLs): https://www.dps.texas.gov/DriverLicense/ssn.htm. You can fill out an affidavit if you don't have one.

Yes.. thanks for that info. As it happens, we have an appointment later this month to get a DL. (Appointments are now required with Covid.) We'll see how that works out.

 

8 hours ago, geowrian said:

Not sure why a "no history" letter is needed (you already filed for AOS, so it can't be for the I-944...which also is no longer needed or being used). Is a mortgage company asking for it or something?

At the time we filed for AOS/EAD/AP (May 13th), I don't believe that the I-944 was required as yet.. was it? All I remember is that at the time we were filing (early May) our Immigration lawyer advised us to get a a "No credit history" letter from one of the three credit agencies. Experian and Equifax were the ones we tried and both have been incredibly unresponsive to our requests. We mailed formal requests to the addresses they told us to send them to and also spoke to them over the phone at length. They simply lie about what they will do for you. I have concluded that what they want above all else is a SSN and that without that they don't care about you. We did not want to delay our AOS filing any longer, so it was filed with a letter attached saying that we would provide some kind of proof of credit history at a later time.. like at the interview. The RFIE we later received had only to do with the usual "insufficient evidence of birth record" that so many seem to get. We have already addressed that.

 

9 hours ago, geowrian said:

I actually know a Filipino RN who is being sponsored for a visa by a TX hospital. She is licensed there already and has no SSN yet.

See above. She must have applied by paper application to the Texas Board of Nursing prior to May 29th. They're not accepting paper since then and the online form definitely requires a SSN.

 

 

So yes. a SSN would be nice and would have made things much easier for us. Our bad luck that my wife's I-94 expired before Social Security offices re-opened to issue new SSN's. I guess we will have to wait until the EAD/AP is approved. VJ is currently predicting the adjudication of ours in the third week of October. Still waiting for our bio letter.

 

Thank you for your help geowrian. And thanks to all others who answered. VJ is great.

[geowrian 22,337]

58 minutes ago, FeelingYoung66 said:

Actually, the Texas Board of Nursing stopped accepting paper applications for licensure last May. So it's online applications only now, which requires a SSN to complete.

Seems they just went through a transition period (new since my wife's friend got her license) in May-June of this year. I sent a message to see what others are doing now. I'll see what they say...it may or may not be useful but no harm in asking.

 

58 minutes ago, FeelingYoung66 said:

At the time we filed for AOS/EAD/AP (May 13th), I don't believe that the I-944 was required as yet.. was it? All I remember is that at the time we were filing (early May) our Immigration lawyer advised us to get a a "No credit history" letter from one of the three credit agencies. Experian and Equifax were the ones we tried and both have been incredibly unresponsive to our requests. We mailed formal requests to the addresses they told us to send them to and also spoke to them over the phone at length. They simply lie about what they will do for you. I have concluded that what they want above all else is a SSN and that without that they don't care about you. We did not want to delay our AOS filing any longer, so it was filed with a letter attached saying that we would provide some kind of proof of credit history at a later time.. like at the interview. The RFIE we later received had only to do with the usual "insufficient evidence of birth record" that so many seem to get. We have already addressed that.

From late February through last week, the I-944 was a required for for family-based AOS. Any existing I-944s filed are not supposed to be evaluated now, and no new submissions require it.

If this was for immigration, then yeah - the "no credit history" letter would have been related to the I-944. And since that's being ignored now, no such letter is needed (unless there is another ruling re-instituting the I-944).

 

58 minutes ago, FeelingYoung66 said:

Thank you for your help geowrian. And thanks to all others who answered. VJ is great.

Best wishes!

[marianabrasil 25]

Hi! Just to add to all comments regarding the life of a foreign without SSN. I also came to US in March, SSO closed since then. But I’m a very  persistent individual.
Battle 1

I made to get letter of credit report without having SSN. I called then many times, talked to different people, insisted, payed fees, sent letters, copy of documents, and they finally sent me the credit report/ score. So they do that for people without SSN, but most of the employees that work for those agencies don’t know that. 
Battle 2

I got a bank account at Bank of America. The only bank that accept me without a SSN, and took me several hours, in person, to do that. 
Battle 3 

Drive License. I made it too. In WA state you just have to inform you don’t have a SSN and why. When I get my SSN I have to inform DMV. 
So life is difficult and a real pain without SSN, but possible. I still don’t have my Bio appointment, but I’m persistent! Already called USICS and being a pain for them too.