2 weeks until I-94 expiration. Quick question about SSN.

[zamardii12 25]

We are now filling out the I-485 and we are two weeks away from my wife's I-94 from expiring. She went to the Social Security office to apply for a SSN but was told no and that she needs to come back after the I-94 has expired which is October 25th. That doesn't make any sense to me. All we have done is gotten married and we are on the next step. Should we already have a SSN? Will we get one after we send in the I-485? Is it a problem she doesn't have a SSN yet? 

[geowrian 22,335]

She needs an EAD (or green card) to get one now.

You must have at least 14 days of legal status remaining in order to apply for an SSN. It sounds like she may have met/passed this threshold.

Edited October 15, 2018 by geowrian

[zamardii12 25]

2 minutes ago, geowrian said:

She needs an EAD (or green card) to get one now.

You must have at least 14 days of legal status remaining in order to apply for an SSN. It sounds like she may have met/passed this threshold.

What do you mean? So she needs the green card now first before applying for a SSN? So her expiration of her I-94 is not a big deal then is it? 

[Crazy Cat 39,206]

I agree with @geowrian.  You will now have to wait until EAD at the earliest.

[Crazy Cat 39,206]

5 minutes ago, zamardii12 said:

What do you mean? So she needs the green card now first before applying for a SSN? So her expiration of her I-94 is not a big deal then is it? 

Technically, she will be out of status between the expiration of her I-94 and filing her I-485......at that time, she will obtain "authorized stay" status while her I-485 is pending............as far as the SS Card is concerned, she will not be able to get one (or work) until she receives her EAD .

Edited October 15, 2018 by missileman

[geowrian 22,335]

6 minutes ago, zamardii12 said:

What do you mean? So she needs the green card now first before applying for a SSN? So her expiration of her I-94 is not a big deal then is it? 

She needs an EAD or a green card to obtain an SSN at this point.

 

If you don't file for AOS by the time her I-94 expires, she will be out of status (like anybody else overstaying a visa). Once you file for AOS, she will be granted authorized stay while the case is pending.

Overstay is not a bar for AOS as the spouse of a USC.

Edited October 15, 2018 by geowrian

[K1visaHopeful 2,655]

3 hours ago, geowrian said:

She needs an EAD or a green card to obtain an SSN at this point.

 

If you don't file for AOS by the time her I-94 expires, she will be out of status (like anybody else overstaying a visa). Once you file for AOS, she will be granted authorized stay while the case is pending.

Overstay is not a bar for AOS as the spouse of a USC.

Also, she needed to apply for it before you were married because now that shes married her new married name doesnt match her I94. You'll have to wait for EAD.

[geowrian 22,335]

2 hours ago, K1visaHopeful said:

Also, she needed to apply for it before you were married because now that shes married her new married name doesnt match her I94. You'll have to wait for EAD.

You can still get an SSN under a maiden name, so long as filed within the first 76 days of entry on the K-1.

There are a few cases where the SSA staff refused to do so, but there is no need to even mention a name change on the application form...you are applying for a card under the maiden name still.

[K1visaHopeful 2,655]

2 hours ago, geowrian said:

You can still get an SSN under a maiden name, so long as filed within the first 76 days of entry on the K-1.

There are a few cases where the SSA staff refused to do so, but there is no need to even mention a name change on the application form...you are applying for a card under the maiden name still.

Correct but most think that they should wait to apply until after marriage so they can get it the first time in their married name but it doesnt work that way. Once you fill out the SSA form as "married" and with your married name and hand it in you are screwed because your name wont match the I94. 

Apply when you are single or as "single" within 76 days and you'll be fine.

 

[Pajares 37]

My new bride was advised by PH CFO to keep her maiden name through all this USA paperwork to "keep things simple" so we have.

 

We applied for SSN right away, however our local SSA office turned us away, "We don't issue SSN's for K1s until they get their green card".  Which is WRONG, of course, but there was no arguing with this agent (or her supervisor).  We went to the "main" SSA office in St. Louis to apply, knowing that they handle many more immigration cases than our local suburban office does.  Bingo.  Agent didn't even blink, Click, click, "here's a copy of your submission", card arrived in 10 days.  

 

We didn't wait long, so this doesn't apply to the OP question with the problem of <14 days remaining.  Just wanted to toss in the fact that some SSA agents can get it wrong also.