Expired I-94

[leigh 2]

Hi,

Can someone advise me please?

I came to the US on a K1 Fiance visa in March, and my I-94 form expired on 31 May. I applied for Adjustment of status prior to that date and received my notice of action confirming it is being processed. I also applied for Employment Authorisation and Advance Parole and received my EAD card and letter telling me I am able to accept employment. I then went to the Social Security office to apply for a social security number, but was told it cannot be processed because my I-94 needs to be renewed. I had no idea the I-94 expiry would be a problem as I assumed that once you received notice of action on your adjustment of status, this would supercede the I-94.

Is there a particular form I need to complete to renew/extend my I-94 so that I can get my social security number application processed, and am I able to take a job without the social security number, since I do have my EAD card?

Every step of this process has been a nightmare and I'm beginning to think USCIS are conspiring against me! Just when I think I'm moving forward, another obstacle pops up and I have to try and deal with USCIS to sort it out - since you can never speak to anyone in that organisation, or find your particular problem on the website, I inevitably find the answers on this website - I don't know how I would have got through without it, so thanks in anticipation of the assistance of anyone who knows the answer to my problem!

Many thanks,

[DasBoot 7]

Often workplaces will accept a taxpayer identification number from the IRS in lieu of a SSN. They need to make sure that things are squared away with the IRS somehow.

Also, judging from your timeline you should be getting your GC pretty soon. Once you have that there should be no problem getting a SSN.

Edited August 1, 2011 by DasBoot

[Dave&Roza 748]

Often workplaces will accept a taxpayer identification number from the IRS in lieu of a SSN. They need to make sure that things are squared away with the IRS somehow.

Also, judging from your timeline you should be getting your GC pretty soon. Once you have that there should be no problem getting a SSN.

Do not apply for a tax id number. You are eligible for a SSN and need to find a SSA worker who knows their own rules. The EAD card allows you to work and thus allows you to apply for a SSN. Go back to the SSA, show them your passport, EAD card, have your birth certificate handy, and the SS-5 application. Keep the I-94 out of the passport and do not show them that. If they refuse you a SSN ask for a supervisor. If the supervisor is also braindead then come back when you receive your GC.

A TIN is for those not eligible for a SSN and might cause more problems then it is worth down the road--three to five years when the IRS comes after you--maybe.

The SSA is one of those agencies that most of the time does not know their own rules.

Good luck,

Dave

Edited August 1, 2011 by Dave&Roza

[Harpa Timsah 13,258]

Once you have EAD the I-94 is irrelevant for SSN purposes. You are qualified to get a number because you are now authorized to work. I would try again at the SS office. Perhaps they were trying to process you as a K-1 entrant, which would require you to have time left on your I-94. You should get processed as an EAD holder instead. Good luck.

[william_wallace 8]

Once you have EAD the I-94 is irrelevant for SSN purposes. You are qualified to get a number because you are now authorized to work. I would try again at the SS office. Perhaps they were trying to process you as a K-1 entrant, which would require you to have time left on your I-94. You should get processed as an EAD holder instead. Good luck.

I agree. Seems as though they thought you arrived on a K1 with your I-94 expired, that's why they refused to give you your SSN. Either that or their thick as $hit.

[leigh 2]

I agree. Seems as though they thought you arrived on a K1 with your I-94 expired, that's why they refused to give you your SSN. Either that or their thick as $hit.

Oh, that's hilarious! The DMV were completely stupid too - I had to speak to their head office, who put them straight. Customs & Border Protection are another lot who don't know their own rules - I seem to spend my life going from one to the other with differing instructions. I now have my drivers license and my work authorisation, so I'm almost there, but it's taken years off my life, I'm sure!!! Thanks so much - USCIS ought to close down and let this forum take over!

Anyway, I will go back to Social Security - I did tell the guy that I have my EAD (I had it in my hand waiting for him to ask me for it!) but I guess I'll have to go back and insist on seeing someone higher up. Cheers, all!

[Stefan- 0]

Hey leigh,

What did you have to show them to get your drivers license? I am fighting for weeks to get mine. Meanwhile, after getting a certified translation of my German license, driver skill test, etc, etc, my I-94 is expired. Now DMV says they can't give me one anymore and contacted DHS for some clearance, but still nothing.

Cheers

Edited August 4, 2011 by Stefan-

[Harpa Timsah 13,258]

You probably can't get a DL until you have EAD or GC. Every state is different, so you need to look up what your state's rules are. People's experiences who live in different states won't help you. There is no point fighting with then until you have the required documentation.

[A + M 29]

Once you have EAD the I-94 is irrelevant for SSN purposes. You are qualified to get a number because you are now authorized to work. I would try again at the SS office. Perhaps they were trying to process you as a K-1 entrant, which would require you to have time left on your I-94. You should get processed as an EAD holder instead. Good luck.

The above is the answer to your question!

Edited August 5, 2011 by A + M

[leigh 2]

Well, you were right! The social security person was mistaken in sending me away to get my I-94 extended. I phoned his supervisor and she was pretty irritated by this guy's mistake. She told me to come right back and ask for her. She was terrific. Processed my application for ss number. She was originally from South America and has gone through this process, so she knows what she's dealing with! For anyone else dealing with problems:

ONCE YOU HAVE YOUR EMPLOYMENT AUTHORISATION CARD, YOUR ENTRY VISA AND I-94 are SUPERFLUOUS. THE EAD NOW ACTS AS YOUR PROOF OF STATUS. WHOEVER TELLS YOU OTHERWISE IS WRONG!

SECONDLY, ONCE YOU ARE IN THE USA AND HAVE YOUR I-94, YOU CAN APPLY FOR A DRIVERS LICENSE AND TAKE THE TEST. IF YOU DON'T YET HAVE A SOCIAL SECURITY NUMBER AND PERMISSION TO WORK, GET A LETTER FROM THE SOCIAL SECURITY OFFICE STATING THIS, MAKING SURE IT IS SIGNED AND DATE STAMPED. DON'T LET THE PEOPLE AT THE DMV INTERNATIONAL SECTION SEND YOU AWAY!

THIRDLY, WHEN YOU ENTER THE USA IN THE FIRST PLACE, MAKE SURE THE CUSTOMS GUY GIVES YOU YOUR I-94 BEFORE YOU LEAVE THEIR OFFICE AT THE AIRPORT. THIS DOCUMENT IS YOUR LIFELINE TO EVERYTHING!!!

The above are problems I have encountered on this journey through immigration, all caused because the various agencies do not know their own rules! Thank God for this website!!!

many thanks all.

xx