Social Security Number requested while on I94 never arrived - can I send AOS?

[JMK_IT 134]

Hello there, 

 

I got stuck in a particular situation and I'm uncertain about my next steps. Just looking for similar experiences out here. 

 

I arrived in the U.S. with my K1 Visa on April 11th. 

On April 13th I requested my SSN. I was told by the representative who served me that requesting it only 2 days after my arrival was not going to be an issue.

She also mentioned that the area we live in is currently subjected to administrative delays and that it would have taken up to 6 weeks to receive the card. 

In that moment I didn't see any problems with the delay -- after all I was all focused on my upcoming marriage, so I just figured the wait wouldn't weigh on me whatsoever.  Boy, do I regret that. 

 

I waited 6 weeks and the number never came. I called back and was instructed to wait further and given the same "administrative delays" reason. 

So I kept waiting. In the meantime, I got married and I started preparing the AOS package, intending to send it out as soon as possible, but I kept waiting for that as well: having requested the number, it only seemed logic to me to wait to receive it and include it in the application. 

 

Weeks passed and still nothing in the mail. I kept calling and I kept receiving the same explanations.  I went back to the local office, only to be quickly dismissed and invited to wait longer, after hours and hours of waiting in line.

I exposed my case on their official FB page, and they referred my complaint to the Field Operations Staff. Besides that, I didn't receive much practical help. 

I called again and I was assured that the request went through, but the number hasn't been issued yet.

At this point, after 3 months, I feel I did everything I could. 

My I94 expired yesterday and all I want to do is send out my AOS packet. I would have sent it weeks ago, but I kept postponing and hoping to receive the card. 

 

My question is: is it okay to send the AOS packet while a SSN request is open/pending/processing? 

 

I received mixed answers from the social security employees, and I can't really say they proved themselves to be reliable. 

The forms instruct to write down the SSN number ["if any"]. Would it be safe not to include mine, even if I requested it? Would it be a cause of RFE? I can't seem to find answers about this anywhere. 

I have spent so much time at the phone, on hold, only to unsuccessfully get 0 straight responses.

 

Is anyone in a similar situation? What is your best advice?

Thank you

 

Edited July 9, 2018 by ababsurd
I didn't like the way I worded it.

[Dutchster 1,107]

Definitely send it to remain in legal status.

What happens is when your I-94 is about to expire, they won't issue a SSN anymore. Your SSN might still be in verification, who knows. Send the AOS application, wait on the SSN but don't expect it to be handed out anymore and when your work permit arrives, go back and request your SSN again. 

[doggieandsam 765]

13 minutes ago, ababsurd said:

My question is: is it okay to send the AOS packet while a SSN request is open/pending/processing? 

 

I received mixed answers from the social security employees, and I can't really say they proved themselves to be reliable. 

The forms instruct to write down the SSN number ["if any"]. Would it be safe not to include mine, even if I requested it? Would it be a cause of RFE?

oh man! i am so sorry to hear about your predicament. i really wish you had sent in your AOS packet earlier even without the SSN. the delay will add more time to your AOS process, and it is already way to long as it is at the moment (~12 months).

 

and to answer your question, it is perfectly ok to send it without the SSN. lots of people do. and no, not having an SSN is not by itself a cause for an RFE.

 

now that your I-94 has expired you have now overstayed. so send in your AOS packet right away. once you receive your receipt notice for the AOS, then the overstay accumulation will be "stopped" in a sense and you will then be in "authorized stay" status.

 

make sure you apply for EAD (work permit) and AP (travel permit) together with your AOS. once you have your EAD you can start work. but obviously you cannot do so without an SSN so you still need to sort that out. but in your case, that might be a stroke of luck since EAD/AP processing time it ~4-6 months now iirc. don't leave the US without your AP in hand, otherwise you will not be allowed back in without first getting a new visa. ESTA will also no longer work for you at this point.

 

as a side note, the EAD form will also ask you to put in an SSN number (if any). you can also leave that blank for the time being while you are awaiting your number.

 

best of luck. hope you get the SSN sorted out soon!

[JMK_IT 134]

1 minute ago, doggieandsam said:

oh man! i am so sorry to hear about your predicament. i really wish you had sent in your AOS packet earlier even without the SSN. the delay will add more time to your AOS process, and it is already way to long as it is at the moment (~12 months).

 

and to answer your question, it is perfectly ok to send it without the SSN. lots of people do. and no, not having an SSN is not by itself a cause for an RFE.

 

now that your I-94 has expired you have now overstayed. so send in your AOS packet right away. once you receive your receipt notice for the AOS, then the overstay accumulation will be "stopped" in a sense and you will then be in "authorized stay" status.

 

make sure you apply for EAD (work permit) and AP (travel permit) together with your AOS. once you have your EAD you can start work. but obviously you cannot do so without an SSN so you still need to sort that out. but in your case, that might be a stroke of luck since EAD/AP processing time it ~4-6 months now iirc. don't leave the US without your AP in hand, otherwise you will not be allowed back in without first getting a new visa. ESTA will also no longer work for you at this point.

 

as a side note, the EAD form will also ask you to put in an SSN number (if any). you can also leave that blank for the time being while you are awaiting your number.

 

best of luck. hope you get the SSN sorted out soon!

 

Ah yes, I am aware of all the waiting I have already added to the process. I am quite precise when it comes to follow through, and the thought of having waited for someone else's incompetence really drives me insane! What a crazy ordeal.

I have the packages of all the three application 99% ready to be sent out, will definitely do it during the week, SSN or not. Thank you very much for your reply.

 

[EmmNM 179]

My state requires an SSN to get married. Now I'm worried if my fiance comes on a K1 what to do. 

[doggieandsam 765]

3 minutes ago, EmmNM said:

My state requires an SSN to get married. Now I'm worried if my fiance comes on a K1 what to do. 

don't worry too much. usually they are not bad (assuming that they accept all your documents and agrees to issue you a number). the OP's case above seems to be an outlier.

[EmmNM 179]

2 minutes ago, LizM said:

Which state? If I may ask 

I'd rather not say. But thanks for your care. 

1 minute ago, doggieandsam said:

don't worry too much. usually they are not bad (assuming that they accept all your documents and agrees to issue you a number). the OP's case above seems to be an outlier.

Thanks. I started to worry.

[EmmNM 179]

1 minute ago, LizM said:

This is true. Also, states may say they require SSN but that is usually the requirement for Americans entering into marriage, not the foreign party (if any). At least that was the case in a recent thread were someone had the same concerns. Can't remember what specific state that was though.

Great thanks.

[JMK_IT 134]

4 hours ago, LizM said:

Send it!

 

I entered in May and immediately applied for SSN. They told me they had to manually verify my legal presence and that it could take up to four weeks. I married, applied for AOS and got the NOA1 hardcopy almost a month ago now. No problem whatsoever to not include the SSN. I just filled out that I had no SSN, because it was true, as it was not issued at the time I sent the AOS application.

Will do in the next couple of days, definitely. Thank you. It seems I did worry for nothing and post-poned for no reason. We had to wait until the very last few weeks of my I94 anyways, my husband was in the process of changing job and wanted to make sure we provided his most recent employment information on the Affidavit.

I was also confused by the 9.a question in the EAD form: "Has the SSA ever officially issued a SSN card?", but I guess that a request doesn't count as an issuance. So much information overlapping  

Edited July 10, 2018 by ababsurd

[JMK_IT 134]

4 hours ago, EmmNM said:

My state requires an SSN to get married. Now I'm worried if my fiance comes on a K1 what to do. 

Do not worry too much, I was told there were going to be delays from the very first moment I applied. I just did not expect they would prolong the processing so much. When you request your SSN make sure to ask information about the average wait for processing, and if you are informed about any delays or anything like it just go to a different office. Also, try to contact your local marriage bureau and make sure you actually need a SSN to get married. On the website of my location it was in the requirements as well, but when we went there we were told I could just use my passport, and so I did. Good luck!

[TNJ17 1,329]

Yeah send it out. Don’t wait. At this point you’re probably better off checking the box on the AOS form to authorize USCIS to get a SSN for you. You can always check back with the SS office for your card. Maybe get your congressman involved and have their office check for you. 

 

On another note, to the people who mentioned it, there is no requirement for a SSN for a foreign resident to get married in any state. Whoever gave you that information is completely wrong. 

[EmmNM 179]

1 hour ago, ababsurd said:

Do not worry too much, I was told there were going to be delays from the very first moment I applied. I just did not expect they would prolong the processing so much. When you request your SSN make sure to ask information about the average wait for processing, and if you are informed about any delays or anything like it just go to a different office. Also, try to contact your local marriage bureau and make sure you actually need a SSN to get married. On the website of my location it was in the requirements as well, but when we went there we were told I could just use my passport, and so I did. Good luck!

Thanks!

[Hypnos 6,576]

7 hours ago, EmmNM said:

My state requires an SSN to get married. Now I'm worried if my fiance comes on a K1 what to do. 

No US state requires a SSN before you can get married. However, if you have one then you do have to declare it, since this is a requirement under federal law. But not having one isn't a barrier to being able to obtain a marriage licence.

Edited July 10, 2018 by Hypnos

[geowrian 22,337]

There are even some USCs still alive today without an SSN. They can marry fine. Often the requirement is that if you have an SSN, you must provide it. If you are excluded from having an SSN, none is required.

[Daisy.Chain 317]

Send it asap!

 

Then go back in and try for a different person at the window. The first person we got was incompetent and we believed him when he said to come back 8 weeks later.

 

Keep going back and very politely asking to speak to supervisors/showing them the requirements from their website.