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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

My fiancee went to apply for a social security card 2 weeks after entering the US on a K-1 visa just as the K-1 visa flowchart suggests. They denied her application for the social security card stating that we would have to contact immigration services. I went to our local immigration service to see if something was entered incorrectly or ask them if they knew if there was a reason she was denied. They simply said that we should get married first and then apply for employment authorization before applying again for social security.

My question is this: If we wait to apply again for social security after applying for the employment authorization wouldn't the I-94 then be invalid (past it's expiration). According to what I have seen the employment authorization can take 90 days to be approved, and from what I understand to apply for social security if you are not a US citizen you need a valid I-94 to apply for social security.

Does anyone know what I should do for this situation? Thank you.

Posted (edited)

My fiancee went to apply for a social security card 2 weeks after entering the US on a K-1 visa just as the K-1 visa flowchart suggests. They denied her application for the social security card stating that we would have to contact immigration services. I went to our local immigration service to see if something was entered incorrectly or ask them if they knew if there was a reason she was denied. They simply said that we should get married first and then apply for employment authorization before applying again for social security.

My question is this: If we wait to apply again for social security after applying for the employment authorization wouldn't the I-94 then be invalid (past it's expiration). According to what I have seen the employment authorization can take 90 days to be approved, and from what I understand to apply for social security if you are not a US citizen you need a valid I-94 to apply for social security.

Does anyone know what I should do for this situation? Thank you.

Go back to the SSA and ask for a supervisor. A K1 is allowed, married yet or not, until 2 weeks before the I94 expires.

After you have EAD, the I-94 doesn't matter anymore because the EAD gives you 1 year of authorization to work in the US and get a SSN.

Have you read this guide? http://www.visajourney.com/content/ssn

Scroll down a little to read the K1 part.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

I think yer timing and timing was off, just by a week or so. But that's my gut feeling, as I have no way to check what's in SAVE database on yer lass.

If you're still within the 90 day window of the I-94, there's some hope.

Please fill out the rest of your timeline at http://www.visajourney.com/timeline/profile.php?id=122553 and thanks in advance !

re: your question - sure - she can try again once EAD in hand, but I think you missed something during the I-94 window, please review the K-1 section over at ssn http://www.visajourney.com/forums/topic/405546-ssn-howto/

FWIW, the local immigration cannot fix SAVE db issues - only CBP can fix - you should have chased down the nearest CBP office, instead of going to your local immigration office.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Thanks Nick,

Yes, that is the guide I was following also. Unfortunately, I was not with her at the social security office to argue with them. I did give them a call when we recieved the letter of not being able to issue a social security card, however, they simply would not listen to me and said I would have to contact immigration on the matter. This is when immigration told me to get married first and then apply for the EAD.

So, I assume then from what you mentioned that the EAD replaces the I-94 once you recieve it and that will qualify as a proof of immigrant status for the SSN?

Posted

.

So, I assume then from what you mentioned that the EAD replaces the I-94 once you recieve it and that will qualify as a proof of immigrant status for the SSN?

Correct. Then the greencard will eventually replace the EAD.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

hey - yer POE date is 2013-02-02 , right ?

She still has some time on the I-94, to get in and apply for the SSN.

Read my post about how to do, aye? and go in..

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

OP - You should be able to get a SSN without being married before I-94 expires. My wife and I waited (6 weeks before I-94 expired) because we wanted the card to be under her new name (she took my last name).

We didn't have any problems. Just ask to speak with a supervisor or try a different clerk. You should be able to get one.

Good luck!

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from main AOS/Family-Based forum to Social Security Numbers subforum -- not an AOS matter, and destination forum is more appropriate. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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