SSN with an expired I-94

[tulips 0]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

Edited February 4, 2009 by tulips

[payxibka 10,044]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

Without a SSN you will need an ITIN (see form W-7)

[I'm Gone 60]

Going to need an ITIN if you don't have an SSN

http://www.irs.gov/individuals/article/0,,id=96287,00.html

Edited February 5, 2009 by I Quit

[tulips 0]

Going to need an ITIN if you don't have an SSN

http://www.irs.gov/individuals/article/0,,id=96287,00.html

[SAT 9,609]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

You may be slightly mis-informed about getting an SSN with an expired I-94. Do you have your valid EAD?

Lemme look it up.......I will try to find you the link in the SSA about expired I-94s.......

[SAT 9,609]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

OK...........it wasn't easy, cause I dunno how to read.......(I partied too much in skool......)

But here it is, SSA POMS RM 00203.500, and don't even loose this info........

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

The above paragraph was taken from that order. Here's the link..........

https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocument

Read the first "Note" in bold

[LonnieNCarmie 0]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

OK...........it wasn't easy, cause I dunno how to read.......(I partied too much in skool......)

But here it is, SSA POMS RM 00203.500, and don't even loose this info........

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

The above paragraph was taken from that order. Here's the link..........

https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocument

Read the first "Note" in bold

Ok to clarify this SSN for filing taxes. The SSN will not be issued if you have a expired I-94 because your status is still in a gray area according to the Social Security Admin you are technically legal to be here because you completed the marriage before 90 day expiration. Now once you apply for the AOS you should apply for EAD, and or Advance Parole at the same time it cost no extra. Once you apply for the AOS you will be given a legal stay by the State department until you AOS is approved. Once you are issued a EAD card you can get a SSN that will be stamped for work purposes only. You can use that to file tax joint tax returns. AS for the Tax Id number you should ask a tax prof. for advice I would think that should be ok. It takes 2-3 months for EAD card.

[SAT 9,609]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

OK...........it wasn't easy, cause I dunno how to read.......(I partied too much in skool......)

But here it is, SSA POMS RM 00203.500, and don't even loose this info........

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

The above paragraph was taken from that order. Here's the link..........

https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocument

Read the first "Note" in bold

Ok to clarify this SSN for filing taxes. The SSN will not be issued if you have a expired I-94 because your status is still in a gray area according to the Social Security Admin you are technically legal to be here because you completed the marriage before 90 day expiration. Now once you apply for the AOS you should apply for EAD, and or Advance Parole at the same time it cost no extra. Once you apply for the AOS you will be given a legal stay by the State department until you AOS is approved. Once you are issued a EAD card you can get a SSN that will be stamped for work purposes only. You can use that to file tax joint tax returns. AS for the Tax Id number you should ask a tax prof. for advice I would think that should be ok. It takes 2-3 months for EAD card.

Oh yea.......if you not yet have an EAD, you won't be able to get an SSN. To file tax, you will need to file a form W-7 to get an ITIN for that purpose.

But once you have an EAD, you can get an SSN, the expired I-94 will not be a problem then..........

[tulips 0]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

OK...........it wasn't easy, cause I dunno how to read.......(I partied too much in skool......)

But here it is, SSA POMS RM 00203.500, and don't even loose this info........

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

The above paragraph was taken from that order. Here's the link..........

https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocument

Read the first "Note" in bold

Ok to clarify this SSN for filing taxes. The SSN will not be issued if you have a expired I-94 because your status is still in a gray area according to the Social Security Admin you are technically legal to be here because you completed the marriage before 90 day expiration. Now once you apply for the AOS you should apply for EAD, and or Advance Parole at the same time it cost no extra. Once you apply for the AOS you will be given a legal stay by the State department until you AOS is approved. Once you are issued a EAD card you can get a SSN that will be stamped for work purposes only. You can use that to file tax joint tax returns. AS for the Tax Id number you should ask a tax prof. for advice I would think that should be ok. It takes 2-3 months for EAD card.

Oh yea.......if you not yet have an EAD, you won't be able to get an SSN. To file tax, you will need to file a form W-7 to get an ITIN for that purpose.

But once you have an EAD, you can get an SSN, the expired I-94 will not be a problem then..........

Thank you so much for everyone who took time to share their awareness regarding my case. You are a great help. My husband and I just went to the local IRS here in Boise this morning to apply for ITIN. They will only issue an ITIN for me once the Social Security will declare that I am not qualified to apply for SSN due to my expired i-94. I just submitted my EAD application together with my AOS last 30th of january so for sure as you said I am not qualified for SSN. We will go to SS office this pm to ask for a note or whatever proof they could provide so that Ican apply for ITIN. Once again, thanks....

[Craneman 2]

Hi!

I am new here. Just want some help about my expired I-94 and SSN problem. I arrived in the US 22nd of Oct '08 and got married 22nd of Dec. When we were on the process of preparing the list of required docs for the AOS, I noticed that the immigration officer at the US airport where I arrived filled my citizenship incorrectly so we went to the local USCIS office to have it settled yet, a Custom and Border officer was not available and asked us to come the next week. When we got there again the CB officer noticed that my I-94 expired the day before though he wrote a note of correction to my citizenship. Then I realized that I-94 should be valid upon applying of AOS. I have read some discussion regarding this and hope this would not be a problem. However, my husband is now applying for his Income tax return with a married status and the IRS staff told him that I need an SSN for him to be able to do that. I just have read that with an expired I-94, I cannot be issued an SSN. Would it be possible for us to file a joint tax return prior to my acquiring of SSN? Thank you so much for whatever help you can provide regarding this concern...

OK...........it wasn't easy, cause I dunno how to read.......(I partied too much in skool......)

But here it is, SSA POMS RM 00203.500, and don't even loose this info........

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

The above paragraph was taken from that order. Here's the link..........

https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocument

Read the first "Note" in bold

Ok to clarify this SSN for filing taxes. The SSN will not be issued if you have a expired I-94 because your status is still in a gray area according to the Social Security Admin you are technically legal to be here because you completed the marriage before 90 day expiration. Now once you apply for the AOS you should apply for EAD, and or Advance Parole at the same time it cost no extra. Once you apply for the AOS you will be given a legal stay by the State department until you AOS is approved. Once you are issued a EAD card you can get a SSN that will be stamped for work purposes only. You can use that to file tax joint tax returns. AS for the Tax Id number you should ask a tax prof. for advice I would think that should be ok. It takes 2-3 months for EAD card.

Oh yea.......if you not yet have an EAD, you won't be able to get an SSN. To file tax, you will need to file a form W-7 to get an ITIN for that purpose.

But once you have an EAD, you can get an SSN, the expired I-94 will not be a problem then..........

Thank you so much for everyone who took time to share their awareness regarding my case. You are a great help. My husband and I just went to the local IRS here in Boise this morning to apply for ITIN. They will only issue an ITIN for me once the Social Security will declare that I am not qualified to apply for SSN due to my expired i-94. I just submitted my EAD application together with my AOS last 30th of january so for sure as you said I am not qualified for SSN. We will go to SS office this pm to ask for a note or whatever proof they could provide so that Ican apply for ITIN. Once again, thanks....

c Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN).

This is the first line from the W-7 form

My wife does not yet have an EAD

AOS, AP, and EAD were all filed at the same time.

Went to the SSI office and filed all of the documents for her a SSN on Dec 22.

If she has applied for a SSN and the paperwork was accetped by the SS office, does this not mean she is eligible to obtain a SSN ??

Do we still file a W-7 for tax purposes.

Roadblocks at at every turn, government agencies do not communicate with each other.

[payxibka 10,044]

c Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN).

This is the first line from the W-7 form

My wife does not yet have an EAD

AOS, AP, and EAD were all filed at the same time.

Went to the SSI office and filed all of the documents for her a SSN on Dec 22.

If she has applied for a SSN and the paperwork was accetped by the SS office, does this not mean she is eligible to obtain a SSN ??

Do we still file a W-7 for tax purposes.

Roadblocks at at every turn, government agencies do not communicate with each other.

On the surface based on what you wrote it would appear that she is eligible and has applied....

A K-1 is eligible from day 1 to day 76 of entry to apply...

[Craneman 2]

c Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN).

This is the first line from the W-7 form

My wife does not yet have an EAD

AOS, AP, and EAD were all filed at the same time.

Went to the SSI office and filed all of the documents for her a SSN on Dec 22.

If she has applied for a SSN and the paperwork was accetped by the SS office, does this not mean she is eligible to obtain a SSN ??

Do we still file a W-7 for tax purposes.

Roadblocks at at every turn, government agencies do not communicate with each other.

On the surface based on what you wrote it would appear that she is eligible and has applied....

A K-1 is eligible from day 1 to day 76 of entry to apply...

If no SSN until AOS approved or before April 15 what then.

Will have to ask Price Waterhouse since they do my taxes since I pay taxes in both Brazil and U.S

Double taxation.

[payxibka 10,044]

c Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN).

This is the first line from the W-7 form

My wife does not yet have an EAD

AOS, AP, and EAD were all filed at the same time.

Went to the SSI office and filed all of the documents for her a SSN on Dec 22.

If she has applied for a SSN and the paperwork was accetped by the SS office, does this not mean she is eligible to obtain a SSN ??

Do we still file a W-7 for tax purposes.

Roadblocks at at every turn, government agencies do not communicate with each other.

On the surface based on what you wrote it would appear that she is eligible and has applied....

A K-1 is eligible from day 1 to day 76 of entry to apply...

If no SSN until AOS approved or before April 15 what then.

Will have to ask Price Waterhouse since they do my taxes since I pay taxes in both Brazil and U.S

Double taxation.

Did you submit a I-765 in conjunction with the I-485? The EAD in theory should come quicker and before AOS

[I'm Gone 60]

Thank you so much for everyone who took time to share their awareness regarding my case. You are a great help. My husband and I just went to the local IRS here in Boise this morning to apply for ITIN. They will only issue an ITIN for me once the Social Security will declare that I am not qualified to apply for SSN due to my expired i-94. I just submitted my EAD application together with my AOS last 30th of january so for sure as you said I am not qualified for SSN. We will go to SS office this pm to ask for a note or whatever proof they could provide so that Ican apply for ITIN. Once again, thanks....

You want the SSA office to issue you an SSA-L676 notice.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510

If the applicant refuses to take back the application and insists SSA process it, explain that SSA will not assign an SSN or issue a card. Provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned or a card issued because he/she did not present appropriate authorization permitting him/her to work in the U.S.

IMPORTANT: Some State agencies may require that an alien applying for a benefit or service and alleging not to have an SSN obtain a written notice (Form SSA-L676) from SSA stating that SSA cannot assign the alien an SSN.

[I'm Gone 60]

c Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN).

This is the first line from the W-7 form

My wife does not yet have an EAD

AOS, AP, and EAD were all filed at the same time.

Went to the SSI office and filed all of the documents for her a SSN on Dec 22.

If she has applied for a SSN and the paperwork was accetped by the SS office, does this not mean she is eligible to obtain a SSN ??

Do we still file a W-7 for tax purposes.

Roadblocks at at every turn, government agencies do not communicate with each other.

If IRS is requiring a notice from SSA to say she isn't eligible for an SSN, SSA isn't going to issue the notice until the SSN application is denied.

If you have been waiting since December 22 you need to go back to the SSA office to see what's going on. If she filed based on K-1 status and the I-94 has expire, have them deny the application and issue the SSA-L676. Apply for the ITIN and then apply for the SSN once she has the EAD card. Just be sure to contact IRS to cancel the ITIN once she has an SSN.

For more information you can contact the the ITIN office by calling 1-800-908-9982.