SSN after AOS, before EAD

[EmptySeats 49]

My now-wife moved here in April, in the middle of the COVID first wave in this area (NJ). We were married in July, and didn't handle the SSN before then. Part of the reason is that she already has a social security number from when she had a campus job here 12 years ago. So I always felt her situation was different than others in that she has a number, just needs to learn it again - which one would assume is an easier process than actually having a new number created for you. Also, with everything closed it's not like pre-COVID where you could just walk into an office. It would involve losing ones passport for who knows how long, which is unsettling.

 

In late July, we reached out to the local SSA, via phone. The representative said it was fine that the I-94 was expired, and to just send the marriage license and the passport/k1. Of course, that was not true and we received a rejection exactly 4 weeks later in late August. Their rejection letter said that there was no proof of legal status in the US, which I assume is what they tell to everyone with an expired I-94. The NOA from AOS would provide legal status.

 

Later in September, we filed for AOS, EAD, and AP. In our EAP application, she asked that they not give her a social security number since we planned to handle that with the local SSA (who is not very informative at all over the phone - and everyone says something different). We planned to send her passport/k1, I-94, and NOA for AOS to prove legal status, along with an explanation that the SS number would be necessary to obtain a driver's license - which is the main reason we wanted to get the SS card before the work visa (along with establishing credit, but that's less of a necessity right now).

 

Which of these 2 options do you think is the best? 

 

1) Sending these documents (passport/visa, AOS NOA, and I-94) to the social security office. They say it can take 5 weeks to get the card, and the people on the phone are very unhelpful. The representatives are unable to give us much info besides "send us your documents".

 

2) According to the SS office, they are accepting in-person visits for people who need new, not replacement, social security cards. You fax your request and they call you to schedule and appointment. Also, one SSA employee she spoke to claims that an old social security number from student work is dead and you should treat it like it's an entirely new card and number. I don't think this is true... but it's their own bad, contradictory information they give on the phone. Should my wife just claim she needs a new SS # to get an in person meeting where she can vouch for herself more than sending her passport away for a month or more? If they discover she already has a number, they'd just give her the old number again, just as EAD would have done? No.

 

Any other opinions on the quickest way to get a social would be helpful. It's been a confusing scenario - having a 12 year-old social but not knowing the number anymore - and all of the COVID delays plus misinformation from the office.

 

Regarding USCIS, is there any way to tell them that in fact she does want her SS Card with EAD? I assume not but just curious.

 

Thanks a lot. The local SSA has been amazingly unhelpful with this.

Edited October 29, 2020 by EmptySeats

[Crazy Cat 41,193]

Old Social Security numbers do not die.  She needs a replacement card.  Follow SSA instructions for replacing the card.

 

For clarification purposes:  Pending adjustment of status is not a legal status in the US.  After submitting a proper I-485, a person is granted authorized stay (which is not a legal status) in the US until the I-485 is adjudicated. 

Edited October 29, 2020 by Lucky Cat

[EmptySeats 49]

9 minutes ago, Lucky Cat said:

Old Social Security numbers do not die.  She needs a replacement card.  Follow SSA instructions for replacing the card.

 

For clarification purposes:  Pending adjustment of status is not a legal status in the US.  After submitting a proper I-485, a person is granted authorized stay (which is not a legal status) in the US until the I-485 is adjudicated. 

So basically she has to wait until EAD is in her hand and then apply for a social security card, since we did not check that she'd like a SS# on the I-765?

[Crazy Cat 41,193]

5 minutes ago, EmptySeats said:

So basically she has to wait until EAD is in her hand and then apply for a social security card, since we did not check that she'd like a SS# on the I-765?

She should apply to the SSA to get a replacement card by mail.  She already has an active number.  

 

 

Edited October 29, 2020 by Lucky Cat

[EmptySeats 49]

1 minute ago, Lucky Cat said:

She should apply to the SSA to get a replacement card.  She already has an active number.  

 

 

But she doesn't know the number. That's the issue.

 

Getting a replacement card when you don't have the old number is more complicated. With the number, you can just do it online, as I have done in the past for myself. When you don't know the number, they want your documents and legal status in the mail. We thought it would be an easier process when you already have a number vs when you don't, but it's not so.

[Crazy Cat 41,193]

1 minute ago, EmptySeats said:

But she doesn't know the number. That's the issue.

 

Getting a replacement card when you don't have the old number is more complicated. With the number, you can just do it online, as I have done in the past for myself. When you don't know the number, they want your documents and legal status in the mail. We thought it would be an easier process when you already have a number vs when you don't, but it's not so.

I know she doesn't know the number. Yes, it is easier when you know the number.   I don't know why legal status would be required for a replacement card.  I would send everything, along with the I-797.  

[Crazy Cat 41,193]

I guess she could try to get the appointment, then explain it to them (your option #2 in your post).  Just explain, at the appointment,  that she already has a number.

Edited October 29, 2020 by Lucky Cat

[Darnell 8,478]

I say go in person, talk with supervisor.  No more fone work, unless to secure walk in appointment time.