They ran out our visa clock with slow SSN processing. Now what?

[R. Wolfe 25]

 The Soc. Sec. office says that you need to apply for your SSN with at least two weeks left on your K-1 visa so that they have time to process things before it expires. We applied (in person at the local office) seven weeks before the visa expired and they still didn't get it done in time. So be warned, apply early. Also, you should call in shortly before your visa expires so maybe they can do something before it is too late.

 

I waited too long, so when I finally called in to see what's up I was told that they cannot issue the SSN now that the visa is expired - though maybe they can do something if I can get some sort of document saying my wife's status is ok. Is such a there such a thing? I know that should be able to get an SSN as part of the AoS process eventually, but it would sure be a lot easier to do our taxes if she had an SSN sooner rather than later (not to mention it would be nice to get her a bank account etc. before Autumn). 

 

For reference, we sent in the Adjustment of Status pile of paperwork (I-485, 765, 131, 864, 944) near the end of January. We received text messages last week saying the case was received by USCIS, but they haven't taken the fee out of my bank account yet, nor has the physical receipt arrived in the mail yet. Would that physical receipt (assuming it eventually arrives) be sufficient to show the Soc Sec office that my wife is still legally here?

 

I'm really not looking forward to having to go the ITIN/W-7/office visit route for taxes  😕

 

[Crazy Cat 41,857]

 

19 minutes ago, x3n said:

though maybe they can do something if I can get some sort of document saying my wife's status is ok.

To be clear, a K-1 visa is void the minute the holder enters the US.  It is the I-94 which expires 90 days later.  Unfortunately, your wife has no legal status in the US.  Once she has submitted a proper I-485, she will be granted authorized stay in the US pending the approval or denial of the adjustment of status.  However, that is not legal status.  Evidence of this will be the receipt notice.   She will not be able to get a SSN until after she receives her EAD or Green card.  This is one of the disadvantages of a K-1.

Edited March 3, 2021 by Lucky Cat

[Crazy Cat 41,857]

26 minutes ago, x3n said:

We applied (in person at the local office) seven weeks before the visa expired and they still didn't get it done in time.

I really don't understand why they aren't processing the SSN since you applied well within the timeframe.  

[R. Wolfe 25]

The lady on the phone said she could not do anything because (at this minute) my wife does not have a legal status. As for why they just sat on the SSN paperwork until the I-94 expired rather than finishing the processing, I've no idea.

 

Now I expect that, at the interview, they'll look negatively on us not having a joint bank account - when the only reason we won't have a joint bank account is because we could not get an SSN - despite us following the rules, making the appointments, and going to the SSN office in the middle of a pandemic.

 

 

 

 

[Marieke H 2,506]

What I was told when I went through this, was that you need to apply for your SSN before getting married, so your information still matches with what the SS office find in the "immigration system" (not sure what system they check, but apparently they need to verify your information somewhere). So you need to apply while you are still unmarried, because that is what you were when you entered the country. After marriage, you go back to the SS office and have your information updated.

If you apply for your SSN after getting married, your information doesn't match with your immigration records anymore (you are now married), so they can't issue a SSN. You will have to wait until your immigration records are updated (after receiving either the EAD or green card) before a SSN can be issued.

 

This is what I was told at my SS office. Not sure if this is exactly how it works, but it makes sense to me.

[Marieke H 2,506]

1 minute ago, x3n said:

Now I expect that, at the interview, they'll look negatively on us not having a joint bank account

Don't worry too much about this. When I had my AOS interview, we had just opened a joint account a few weeks earlier. I had just started working (got my EAD a month before my AOS interview), so it made sense to us to have a joint account for both of our incomes then. We were still transitioning our finances to this joint account, so there wasn't much activity on the new account. We explained this during our interview and it wasn't a problem at all.

She will be able to get a SSN once she gets her EAD. That will likely still be months before your AOS interview, so you will have time to set up a joint account before the interview. But officers understand that getting all these thing sorted takes a lot of time, so don't worry about this.

[Crazy Cat 41,857]

4 minutes ago, Marieke H said:

What I was told when I went through this, was that you need to apply for your SSN before getting married, so your information still matches with what the SS office find in the "immigration system" (not sure what system they check, but apparently they need to verify your information somewhere). So you need to apply while you are still unmarried, because that is what you were when you entered the country. After marriage, you go back to the SS office and have your information updated.

If you apply for your SSN after getting married, your information doesn't match with your immigration records anymore (you are now married), so they can't issue a SSN. You will have to wait until your immigration records are updated (after receiving either the EAD or green card) before a SSN can be issued.

 

This is what I was told at my SS office. Not sure if this is exactly how it works, but it makes sense to me.

This is exactly the recommended way to do it. 

[RamonGomez 271]

1 hour ago, x3n said:

 The Soc. Sec. office says that you need to apply for your SSN with at least two weeks left on your K-1 visa so that they have time to process things before it expires. We applied (in person at the local office) seven weeks before the visa expired and they still didn't get it done in time. So be warned, apply early. Also, you should call in shortly before your visa expires so maybe they can do something before it is too late.

 

I waited too long, so when I finally called in to see what's up I was told that they cannot issue the SSN now that the visa is expired - though maybe they can do something if I can get some sort of document saying my wife's status is ok. Is such a there such a thing? I know that should be able to get an SSN as part of the AoS process eventually, but it would sure be a lot easier to do our taxes if she had an SSN sooner rather than later (not to mention it would be nice to get her a bank account etc. before Autumn). 

 

For reference, we sent in the Adjustment of Status pile of paperwork (I-485, 765, 131, 864, 944) near the end of January. We received text messages last week saying the case was received by USCIS, but they haven't taken the fee out of my bank account yet, nor has the physical receipt arrived in the mail yet. Would that physical receipt (assuming it eventually arrives) be sufficient to show the Soc Sec office that my wife is still legally here?

 

I'm really not looking forward to having to go the ITIN/W-7/office visit route for taxes  😕

 

 

File an extension with the IRS and you'll have until October 15 to get this sorted out. Since you already sent the AOS package in January, you should have her SSN by October 15, or at the very least the EAD to make applying for an SSN easier.

 

Applying for an SSN after marrying, or messing around with an ITIN, can further "confuse" the IRS/SSA/USCIS and lead to more headaches down the road. 

 

No SSN can be a hassle at times, but tons of immigrants (including my wife when we went through AOS) have managed to get by without one for 4-8 months.

Edited March 3, 2021 by RamonGomez

[Demise 1,283]

6 hours ago, x3n said:

The lady on the phone said she could not do anything because (at this minute) my wife does not have a legal status. As for why they just sat on the SSN paperwork until the I-94 expired rather than finishing the processing, I've no idea.

 

Now I expect that, at the interview, they'll look negatively on us not having a joint bank account - when the only reason we won't have a joint bank account is because we could not get an SSN - despite us following the rules, making the appointments, and going to the SSN office in the middle of a pandemic.

The interview won't be until like 12-18 months out, by then she'll have an EAD and a SSN for whatever requires it. So relax, you have plenty of time to add her to your account.

Edited March 4, 2021 by Demise

[JKLSemicolon 413]

7 hours ago, x3n said:

The lady on the phone said she could not do anything because (at this minute) my wife does not have a legal status. As for why they just sat on the SSN paperwork until the I-94 expired rather than finishing the processing, I've no idea.

 

Now I expect that, at the interview, they'll look negatively on us not having a joint bank account - when the only reason we won't have a joint bank account is because we could not get an SSN - despite us following the rules, making the appointments, and going to the SSN office in the middle of a pandemic.

 

 

 

 

Although definitely more difficult, it's still possible to get a joint bank account without a SSN, at least at some banks.

[Mike E 11,739]

Apply to working days after arrival and even then only if the online I-94 record is there.  
 

And of course marry after the application goes in.  
 

This assumes you can do this during COVID without mailing in your passport.  
 

Surprised they so many on this thread have been able to get in person appointments.  

[midwinterrose 275]

7 hours ago, x3n said:

The lady on the phone said she could not do anything because (at this minute) my wife does not have a legal status. As for why they just sat on the SSN paperwork until the I-94 expired rather than finishing the processing, I've no idea.

 

Now I expect that, at the interview, they'll look negatively on us not having a joint bank account - when the only reason we won't have a joint bank account is because we could not get an SSN - despite us following the rules, making the appointments, and going to the SSN office in the middle of a pandemic.

 

 

 

 

When my husband and I opened a joint account at Chase, he already had his SSN, but the lady at the bank said it wasn’t necessary to have an SSN to open an account.  She had a lot of experience with opening accounts for foreigners because we happened to go to the branch near a university so they got a lot of foreign exchange students opening accounts there.  So perhaps it’s worth trying at a branch near a university.

[HRQX 4,145]

6 minutes ago, Mike E said:

Surprised they so many on this thread have been able to get in person appointments.  

It can vary per local office: https://www.ssa.gov/coronavirus/

I need help with my Social Security Number (SSN)

We are prioritizing requests for in-person SSN services for:

• Individuals age 12 or older applying for their first SSN card.
• Individuals who need to update or correct their SSN information (such as your name, date of birth, or citizenship) to obtain income, resources, or medical care or coverage, or other services or benefits (for example filing a tax return, applying for housing, or seeking an Economic Impact Payment).

If you believe you qualify for an in-person appointment, call your local office. You can look up the phone number for your local office by accessing our office locator. Please note that appointments may not be immediately available, depending on local health and safety conditions and staffing.

[Sarah&Facundo 595]

I added my husband to one of my bank accounts before he had a social security number. Some banks allow it and some don't. I have multiple bank accounts and for example, Chase would not add my husband but Wells Fargo (where I had a random old account) did. 

[SalishSea 17,829]

9 hours ago, Marieke H said:

you need to apply for your SSN before getting married,

Yes, this.