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Applying for Social Security with expired I-94

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Hi VJ friends. I just wanted to know if my husband could apply for his social security number even with an expired I-94. We plan to apply for it once he receives his EAD card in the mail, which we are currently still waiting for the results. My question is, will it be possible to apply for his social security number with only a valid EAD card and an expired I-94 on his passport? Or will we be turned away by the SS office. I hope we don't have to wait for his greencard in order to apply for his SS because that might take too long, and my husband really wants to work already.


October 14, 2009: Sent I-129F via Fedex
October 19, 2009: NOA1 received
January 11, 2010: NOA2 received (email)
January 12, 2010: NOA2 received (hard copy)
January 14, 2010: NVC letter mailed
January 16, 2010: NVC letter received
February 08, 2010: Embassy Letter received
March 16, 2010: Scheduled Medical Exam (PASSED!!!)
April 19, 2010: Interview date (Received MNL-IV-22; white slip)
July 09, 2010: Submitted police clearance (Received another white slip)
November 03, 2010: Resubmitted new I-134 (now it's the waiting game once again!!)
November 09, 2010: Received letter from USEM stating we need an updated medical.
November 24, 2010: Medical exam once again
December 14, 2010: VISA on hand via Air21 (We're APPROVED!! YAY!!)
April 05, 2011: SFO International Airport (POE)
April 14, 2011: Applied for Marriage License
May 17, 2011: Got Married =)
June 20, 2011: Mailed in I-485, I-131, and I-765 via Fedex
June 22, 2011: I-485 package received at USCIS via Fedex Online Tracking
June 24, 2011: Received application receipt number via USCIS text
July 11, 2011: Received Appointment Notice for I-485 and I-765 in the mail.
August 03, 2011: Biometrics Appointment done on scheduled date
August 15, 2011: Received notice of EAD card production VIA text
August 22, 2011: Received EAD card in mail.
September 02, 2011: Applied for Social Security(Received card in mail Sept. 10)
September 16, 2011: AOS interview(passed!! YAY!!)
September 24, 2011: Received GC in the mail =)

August 16, 2013: Sent I-751 via USPS Priority Express

August 17, 2013: I-751 delivered to California Service Center via USPS Tracking

August 21, 2013: Check Cashed

August 23, 2013: Received I-751 Receipt Notice in the mail

August 28, 2013: Received Biometrics Appointment Letter in the mail

December 13, 2013: Case status update via text: Production of new card has been ordered

December 18, 2013: Green card mailed via USPS

December 21, 2013: Green Card on hand. YAY!!!

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Yes, once you have the EAD you can get a SSN even with an expired I-94. The reason will be that he is a valid EAD holder, not that he is a K-1 visa entrant (that window passed). Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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If you’re I-94 has expired, as long as you have your AOS (I-485) NOA-1 receipt (showing items paid), you are eligible for a SSN card. Note that it will contain verbiage on the SSN card that you need work authorization from the DHS until you get your EAD or GC. The EAD serves at temporary work authorization prior to getting your GC. Once you receive your GC, you can then request that this verbiage be removed from the back of your SSN card.

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If you’re I-94 has expired, as long as you have your AOS (I-485) NOA-1 receipt (showing items paid), you are eligible for a SSN card. Note that it will contain verbiage on the SSN card that you need work authorization from the DHS until you get your EAD or GC. The EAD serves at temporary work authorization prior to getting your GC. Once you receive your GC, you can then request that this verbiage be removed from the back of your SSN card.

Sorry, this is incorrect. Once the I-94 card is expired (really 2 weeks before it expires), a K-1 needs a valid EAD to get a SSN. AOS-pending is not a valid reason to get a SSN if one has not been issued before.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Sorry, this is incorrect. Once the I-94 card is expired (really 2 weeks before it expires), a K-1 needs a valid EAD to get a SSN. AOS-pending is not a valid reason to get a SSN if one has not been issued before.

:thumbs: Correct!


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Technically, any SS office could deny you getting a SSN. Normally, you only need a SSN number when you start work. As a K-1 visa candidate, you cannot work until you have received your SSN,EAD or GC. However, many K-1 applicants, including my wife, have received SSN cards without having their EAD or GC. Enclosed within the SSN web site (http://www.ssa.gov/pubs/10096.html) it states the following, “If you are not authorized by DHS to work in the United States, you can get a Social Security number only if you can prove you need it for a valid non-work reason. That might happen, for example, if a state or federal law requires you to have a Social Security number to obtain benefits to which you have already established entitlement.” Again, in reality the K-1 visa applicant does not need a SSN number until they began working. In our case, and like most other cases, the K-1 visa applicant is requesting a SSN card to show they are truly pursuing the immigration process. In other words, another official proof of evidence (For AOS) of processing, and to gain official correspondence (letters) from the SSN department to the home address were the newlywed couple now live. Additionally now, many banks and insurance companies are adamant about the person inquiring for services have a SSN number. Thus, the reason the SS office allows immigration persons to get SSN numbers prior to the EAD or GC. SSN offices will differ in delivering knowledgeable assistance. This largely depends on the immigration exposure the office has had in the past, and how attentive the staff member or supervisor might be in your area. Please let me know if I’m wrong here. Thanks.

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K-1 is qualified for a SSN, by law, as long as their I-94 has at least 2 weeks left on it. The reason is a remnant from when states would require a SSN to get married - obviously a K-1 would need this number to fulfill their visa if states required it to wed. So no, they cannot deny you a SSN if you I-94 is still valid and has at least 2 weeks left on it. If a K-1 entrant misses this "window," then they can get one with EAD or GC.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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K-1 is qualified for a SSN, by law, as long as their I-94 has at least 2 weeks left on it. The reason is a remnant from when states would require a SSN to get married - obviously a K-1 would need this number to fulfill their visa if states required it to wed. So no, they cannot deny you a SSN if you I-94 is still valid and has at least 2 weeks left on it. If a K-1 entrant misses this "window," then they can get one with EAD or GC.

They can't deny you one, but they can make a total "pigs ear" out of it and then leave you with only 2 weeks left on your visa, rendering you out of time, even though you applied a month before, which has happened to me. Now I can't get a driving licence, my bank account has to be registered at my old address in England and I am left at home whilst my husband is at work, not being able to go any where.


Removal of Conditions..  TICK TOCK, TICK TOCK

 

Time to reset the tick tock clock again.   Roll my eyes.

 

GC  Conditional date:  05/26/2015

N400.  Application:      02/28/2018       

Biometrics:                    02/22/2018

 

Waiting............    Roll my eyes again :(

 

USA citizen as of 25th of July 2018. :)

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They can't deny you one, but they can make a total "pigs ear" out of it and then leave you with only 2 weeks left on your visa, rendering you out of time, even though you applied a month before, which has happened to me. Now I can't get a driving licence, my bank account has to be registered at my old address in England and I am left at home whilst my husband is at work, not being able to go any where.

You couldn't have gotten a Driving License with just an SSN anyway.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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As this thread is 3 years old and the original poster has long since resolved his issue, I am closing this thread to further discussion. If anyone wishes to start a new thread discussing their own particular situation with obtaining a SSN, they are welcome to do so.

I have also moved this thread from AOS forum to the Social Security Number sub-forum which did not exist when the thread was original posted, as a more useful location for its presence.

VJ Moderation

Edited by Kathryn41

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