"Status Mismatch" when applying for SSN on K1 visa

[joe.b 33]

I think this saga may be easiest to explain in chronological format.

 

August 12--my then-fiance arrives in U.S. on a K1 visa

August 24--we get married (not sure if this is relevant to the SSN issue)

September 1--My husband has an appointment at the local SSA office to apply for an SSN. At the appointment, the case manager says his I-94 immigration document cannot be immediately verified, and the process of verifying it may take up to 4 weeks.

September 29--After waiting 4 weeks with no update, we call the SSA office. We are told by an agent that their system shows they were still waiting on "immigration." Around this time, I learn that if the SSN doesn't get issued by November 9, when the I-94 expires, my husband won't be issued one, even if he applied long before then. So the rest of the actions take place with that urgency in mind.

October 1-12--We continue calling SSA periodically, and are never given much info. We are given the phone extension of the person handling my husband's case, but she never answers when we call.

Around October 12--We see in the SAVE Case Check website that USCIS had returned the case to SSA. (Later, another case request shows up for October 13, which also gets returned to SSA.)

October 13-23--we try calling the person handling my husband's case many, many, MANY times, leaving MANY voicemails, with no response ever.

October 25--we talk to an agent at the local SSA office. After she initially says they're still waiting on immigration, I tell her the SAVE Case Check website shows they've returned the cases to SSA. She looks into things more and tells us that, in fact, USCIS was waiting for the case manager to send them additional documents. She sends an email to the case manager, asking her to take action.

October 28--after talking to another agent, we finally end up getting a call from the person "managing" my husband's case. She tells my husband that the SAVE system was showing "Status Mismatch" for his I-94 and there was nothing she could do. She said she could send him a denial letter, so we could take it to immigration to try to have them correct it. I pointed out that by the time that got sorted out, the I-94 likely would have expired. She says that maybe immigration could extend the I-94 since the delay wasn't our fault. (I assume that she just made that up, since I've never heard of anything like that.)

 

This afternoon, I've emailed the CBP's SFO I-94 corrections email account with the relevant info to ask them to correct my husband's I-94. As far as I can see on the I-94, though, nothing is incorrect. Further, the CBP phone number said the corrections take 5-10 working days, meaning there's next to no chance it will be processed in time. I don't really know who's at fault with the mismatch, but it's extremely irritating that the person handling my husband's case at SSA didn't let him know about the mismatch sooner, when there might have been time to still get the SSN.

 

So with this tale of woe, does anyone have any input? What could be causing a "Status Mismatch"? Is there anyway to remedy it beyond emailing the CBP's I-94 corrections account , when we don't even know that nature of the mismatch?

 

 

 

[HRQX 4,145]

37 minutes ago, joe.b said:

She says that maybe immigration could extend the I-94

Sounds like another clueless SSA employee. The I-94 cannot be extended for K-1: https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf "How do I know if I am not eligible to extend"

37 minutes ago, joe.b said:

August 12--my then-fiance arrives in U.S. on a K1 visa

He'll now have to wait until either the EAD or GC is issued since the 76 days have passed: https://secure.ssa.gov/poms.nsf/lnx/0110213300

If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires. Instead, provide written notice (SSA-L676, Refusal to Process SSN Application) to the applicant explaining why you cannot process the SSN application and delete the application.

Edited October 29, 2021 by HRQX

[joe.b 33]

2 hours ago, HRQX said:

Sounds like another clueless SSA employee. The I-94 cannot be extended for K-1: https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf "How do I know if I am not eligible to extend"

He'll now have to wait until either the EAD or GC is issued since the 76 days have passed: https://secure.ssa.gov/poms.nsf/lnx/0110213300

If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires. Instead, provide written notice (SSA-L676, Refusal to Process SSN Application) to the applicant explaining why you cannot process the SSN application and delete the application.

Thanks for the info. 
 

On Monday, I had tried to clarify with the agent we spoke to if it’s possible for an SSN to be issued within 2 weeks of the I-94 expiring (since I had read something to the effect that it couldn’t). She wouldn’t give a direct answer, but eventually she said she had seen it happen before. In any case, it’s nice to be able to give up on this. We’ve spent so much time calling SSA in the past month, and it’s become quite stressful. 

I swear, SSA has been the worst government agency I’ve ever dealt with. I guess we’ll move on to my husband applying for an ITIN with the IRS, so at least we can file taxes next year. *sigh*

[HRQX 4,145]

10 minutes ago, joe.b said:

I guess we’ll move on to my husband applying for an ITIN with the IRS

That is usually applied for during tax season: https://www.irs.gov/instructions/iw7 "A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. federal tax return with a spouse who is a U.S. citizen or resident alien."

[joe.b 33]

8 minutes ago, HRQX said:

That is usually applied for during tax season: https://www.irs.gov/instructions/iw7 "A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. federal tax return with a spouse who is a U.S. citizen or resident alien."

We were planning on making an appointment for him to go to an IRS office to apply, so that he’ll hopefully have the number early enough before filing taxes (I like to file early, in January). Considering his passport is the only ID he has now, we don’t want to do a mail-in application for the ITIN. 

[HRQX 4,145]

6 minutes ago, joe.b said:

We were planning on making an appointment for him to go to an IRS office to apply

It's currently too early since 2021 tax year returns aren't being accepted: https://www.irs.gov/instructions/iw7

When To Apply

First-time ITIN applications.

 

If you’re applying for a new ITIN, complete and attach Form W-7 to your tax return when you file the tax return for which the ITIN is needed. If you’re unable to file your tax return by the due date, you must file an application for an extension of time to file. Failure to timely file the tax return with a complete Form W-7 and required documentation may result in the denial of refundable credits, such as the additional child tax credit (available for tax years prior to 2018) and the American opportunity tax credit, if you otherwise qualify. Don’t file your tax return without Form W-7.

[Siggy 42]

14 hours ago, joe.b said:

I think this saga may be easiest to explain in chronological format.

 

August 12--my then-fiance arrives in U.S. on a K1 visa

August 24--we get married (not sure if this is relevant to the SSN issue)

September 1--My husband has an appointment at the local SSA office to apply for an SSN. At the appointment, the case manager says his I-94 immigration document cannot be immediately verified, and the process of verifying it may take up to 4 weeks.

September 29--After waiting 4 weeks with no update, we call the SSA office. We are told by an agent that their system shows they were still waiting on "immigration." Around this time, I learn that if the SSN doesn't get issued by November 9, when the I-94 expires, my husband won't be issued one, even if he applied long before then. So the rest of the actions take place with that urgency in mind.

October 1-12--We continue calling SSA periodically, and are never given much info. We are given the phone extension of the person handling my husband's case, but she never answers when we call.

Around October 12--We see in the SAVE Case Check website that USCIS had returned the case to SSA. (Later, another case request shows up for October 13, which also gets returned to SSA.)

October 13-23--we try calling the person handling my husband's case many, many, MANY times, leaving MANY voicemails, with no response ever.

October 25--we talk to an agent at the local SSA office. After she initially says they're still waiting on immigration, I tell her the SAVE Case Check website shows they've returned the cases to SSA. She looks into things more and tells us that, in fact, USCIS was waiting for the case manager to send them additional documents. She sends an email to the case manager, asking her to take action.

October 28--after talking to another agent, we finally end up getting a call from the person "managing" my husband's case. She tells my husband that the SAVE system was showing "Status Mismatch" for his I-94 and there was nothing she could do. She said she could send him a denial letter, so we could take it to immigration to try to have them correct it. I pointed out that by the time that got sorted out, the I-94 likely would have expired. She says that maybe immigration could extend the I-94 since the delay wasn't our fault. (I assume that she just made that up, since I've never heard of anything like that.)

 

This afternoon, I've emailed the CBP's SFO I-94 corrections email account with the relevant info to ask them to correct my husband's I-94. As far as I can see on the I-94, though, nothing is incorrect. Further, the CBP phone number said the corrections take 5-10 working days, meaning there's next to no chance it will be processed in time. I don't really know who's at fault with the mismatch, but it's extremely irritating that the person handling my husband's case at SSA didn't let him know about the mismatch sooner, when there might have been time to still get the SSN.

 

So with this tale of woe, does anyone have any input? What could be causing a "Status Mismatch"? Is there anyway to remedy it beyond emailing the CBP's I-94 corrections account , when we don't even know that nature of the mismatch?

 

 

 

I'm familiar with this situation,  difference is USICS didn't verify my details before I-94 expiry ( that's what they said). Sometimes middle names aren't mentioned on the i-94( check your s-55  form if you have written your middle name) 

 Now option left for you is do as suggested by other person in this forum ( wait until you get gc/ ead to apply , 2nd for tax; ITIN)

[P055UM 281]

Sorry you are going through this. The SSA truly are a nightmare to deal with.

[joe.b 33]

14 hours ago, HRQX said:

It's currently too early since 2021 tax year returns aren't being accepted: https://www.irs.gov/instructions/iw7

When To Apply

First-time ITIN applications.

 

If you’re applying for a new ITIN, complete and attach Form W-7 to your tax return when you file the tax return for which the ITIN is needed. If you’re unable to file your tax return by the due date, you must file an application for an extension of time to file. Failure to timely file the tax return with a complete Form W-7 and required documentation may result in the denial of refundable credits, such as the additional child tax credit (available for tax years prior to 2018) and the American opportunity tax credit, if you otherwise qualify. Don’t file your tax return without Form W-7.

I apologize for my ignorance. I got the full explanation when I called the IRS to try to make the appointment today. (At least the IRS agent on the phone was nice, in contrast to most SSA agents.) Also learned that it may take 11 weeks to process the ITIN application during tax season--which I assume means we won't get a refund until May or later.

 

Again, thanks for the info.

Edited October 29, 2021 by joe.b

[joe.b 33]

56 minutes ago, AW1704 said:

Sorry you are going through this. The SSA truly are a nightmare to deal with.

I appreciate the sympathy. If it was allowed, I would be thoroughly cursing SSA on this forum.

 

We at least got some emotional validation yesterday when the SSA agent we spoke to also expressed shock that my husband's case manager hadn't taken any action on his case (in contrast to basically every other agent we talked to, who were dismissive and indifferent).

[joe.b 33]

5 hours ago, Siggy said:

I'm familiar with this situation,  difference is USICS didn't verify my details before I-94 expiry ( that's what they said). Sometimes middle names aren't mentioned on the i-94( check your s-55  form if you have written your middle name) 

 Now option left for you is do as suggested by other person in this forum ( wait until you get gc/ ead to apply , 2nd for tax; ITIN)

Surprisingly, CBP responded to our email about correcting the I-94 in less than 24 hours, saying they corrected my husband's I-94 to include his middle name. Just goes to show that if the SSA case manager had told us what the problem was sooner, we probably could have gotten it fixed in time.

[Scandi 4,166]

Fairly common that the i-94 isn't correct. Happened to me too, had three long first names and they just didn't fit so on my i-94 I instead had two and a half first name, instead of three (yup, last one was cut in half). 

 

I didn't know that was an issue until I went to the SSA my first day in the US to apply for a SSN and they told me there was an issue. I had that fixed within my first fpur days in the US and then I applied and received my SSN without issue. Since there is a fairly short timeline you need to do these i-94 corrections early in your 90 day window. It's kind of stupid you can't get an SSN after the i-94 expires when you have a pending i-485.

[Siggy 42]

34 minutes ago, joe.b said:

Surprisingly, CBP responded to our email about correcting the I-94 in less than 24 hours, saying they corrected my husband's I-94 to include his middle name. Just goes to show that if the SSA case manager had told us what the problem was sooner, we probably could have gotten it fixed in time.

Ok at least it got fixed..idk how its going to help in getting SSN. I checked my i-94; it doesn't have middle name option . Just a first name and last name..

I'm going to reapply again ( I  just dont want to get another surprise 🙂)

[joe.b 33]

1 hour ago, Scandi said:

I didn't know that was an issue until I went to the SSA my first day in the US to apply for a SSN and they told me there was an issue. I had that fixed within my first fpur days in the US and then I applied and received my SSN without issue. Since there is a fairly short timeline you need to do these i-94 corrections early in your 90 day window. It's kind of stupid you can't get an SSN after the i-94 expires when you have a pending i-485.

Unfortunately for my husband, it wasn't evident that the I-94 was wrong, because the field on the I-94 says "Given (First) Name," and listed my husband's first name. It literally wasn't until two days ago that the SSA case manager told us that a "status mismatch" was the issue, so we had no reason know that was the problem before.

[Scandi 4,166]

1 hour ago, joe.b said:

Unfortunately for my husband, it wasn't evident that the I-94 was wrong, because the field on the I-94 says "Given (First) Name," and listed my husband's first name. It literally wasn't until two days ago that the SSA case manager told us that a "status mismatch" was the issue, so we had no reason know that was the problem before.

Yeah most passports will only show "given name" which is all names other than the last name (ie first AND middle names on the same line), most passports don't have a space for middle names. The i-94 should look the same as the passport. So if the i-94 is missing names that are in the passport, then that's your clue right there.