SSN Denied due to pending expiration of legal K1 immigration status

[Edward Becnel 3]

My wife, who arrive here on a K-1 visa, applied for a social security card 1 month ago and we just received a letter for SSA saying:

 

"We cannot issue you a Social Security card at this time because:

Your legal immigration status and/or document(s) will expire before an SSN card can be issued to you.

Please contact us when:

Your alien status changes, or is renewed, so you can work in the U.S."

 

We have completed the filing of the I-485 AOS and EAD. Also, my wife has had her biometrics appointment completed. So, we are currently waiting for her green card. Can we still get her social security card at this time by visiting the local Social Security office and reviewing her case? Any other suggestions or insights into this issue?

 

Thank you in advance!

[Dashinka 23,243]

23 minutes ago, Edward Becnel said:

My wife, who arrive here on a K-1 visa, applied for a social security card 1 month ago and we just received a letter for SSA saying:

 

"We cannot issue you a Social Security card at this time because:

Your legal immigration status and/or document(s) will expire before an SSN card can be issued to you.

Please contact us when:

Your alien status changes, or is renewed, so you can work in the U.S."

 

We have completed the filing of the I-485 AOS and EAD. Also, my wife has had her biometrics appointment completed. So, we are currently waiting for her green card. Can we still get her social security card at this time by visiting the local Social Security office and reviewing her case? Any other suggestions or insights into this issue?

 

Thank you in advance!

You can try, but more than likely you will have to wait until she gets her EAD.

 

Good Luck!

[Ed&Midori1031 330]

20 minutes ago, Edward Becnel said:

My wife, who arrive here on a K-1 visa, applied for a social security card 1 month ago and we just received a letter for SSA saying:

 

"We cannot issue you a Social Security card at this time because:

Your legal immigration status and/or document(s) will expire before an SSN card can be issued to you.

Please contact us when:

Your alien status changes, or is renewed, so you can work in the U.S."

 

We have completed the filing of the I-485 AOS and EAD. Also, my wife has had her biometrics appointment completed. So, we are currently waiting for her green card. Can we still get her social security card at this time by visiting the local Social Security office and reviewing her case? Any other suggestions or insights into this issue?

 

Thank you in advance!

It would've been much easier if she would've applied for SSN while still within the 90 days of the K-1 visa and the valid I-94.  Since her I-94, expired it will be a bit more difficult now to get her SS until she receives her GC or EAD 

[Edward Becnel 3]

1 minute ago, Ed&Midori1031 said:

It would've been much easier if she would've applied for SSN while still within the 90 days of the K-1 visa and the valid I-94.  Since her I-94, expired it will be a bit more difficult now to get her SS until she receives her GC or EAD 

We did file within the 90 days of the K-1 visa and valid I-94. It was just over 30 days prior to the expiration date.

[Ed&Midori1031 330]

1 minute ago, Edward Becnel said:

We did file within the 90 days of the K-1 visa and valid I-94. It was just over 30 days prior to the expiration date.

Ah ok gotcha.  Depends on the SS office I guess.  I applied for my wife 3 weeks after she arrived here.  Over 30 days should've sufficed, I'm sorry to hear that! 

[Dashinka 23,243]

2 minutes ago, Edward Becnel said:

We did file within the 90 days of the K-1 visa and valid I-94. It was just over 30 days prior to the expiration date.

Usually 14 days is good enough unless they have to manually verify the status.  Since the I94 has expired (I think), I would not bother with the SSA right now, wait for the EAD.

 

Good Luck!

[Edward Becnel 3]

1 minute ago, Ed&Midori1031 said:

Ah ok gotcha.  Depends on the SS office I guess.  I applied for my wife 3 weeks after she arrived here.  Over 30 days should've sufficed, I'm sorry to hear that! 

I believe we will have to go back to the Social Security office once we receive her EAD. Thank you for answering.

[Ed&Midori1031 330]

1 minute ago, Edward Becnel said:

I believe we will have to go back to the Social Security office once we receive her EAD. Thank you for answering.

Yes that will be ideal. Goodluck with everything! 

[geowrian 22,335]

Sounds like there became less than 14 days of legal status while waiting for manual verification to complete. If so, then they can no longer issue on via K-1 status, but can do with an EAD or GC.

[LLPW 1]

On 10/15/2019 at 11:03 AM, Edward Becnel said:

I believe we will have to go back to the Social Security office once we receive her EAD. Thank you for answering.

My husband and I applied for his AOS, EAD and Parole in July and in the application we requested a SSN be assigned. When we get the EAD will we need to go to a Social Security to apply for one or will a SSN come with the EAD? Any help is greatly appreciated. 

[Sparkle Sparkle 913]

5 hours ago, LLPW said:

My husband and I applied for his AOS, EAD and Parole in July and in the application we requested a SSN be assigned. When we get the EAD will we need to go to a Social Security to apply for one or will a SSN come with the EAD? Any help is greatly appreciated. 

No need, you SSN will come with your EAD... But as you already know it will take a while before your EAD comes.... About 5-6 months. If you applied for your SSN alone 10-15 days after you married if you entered with K1 then you will get your SSN much sooner. 

[LLPW 1]

7 hours ago, Sparkle Sparkle said:

No need, you SSN will come with your EAD... But as you already know it will take a while before your EAD comes.... About 5-6 months. If you applied for your SSN alone 10-15 days after you married if you entered with K1 then you will get your SSN much sooner. 

Thank you!

[Edward Becnel 3]

13 hours ago, Sparkle Sparkle said:

No need, you SSN will come with your EAD... But as you already know it will take a while before your EAD comes.... About 5-6 months. If you applied for your SSN alone 10-15 days after you married if you entered with K1 then you will get your SSN much sooner. 

Yes, we applied for the SSN shortly after we were married, but it was denied because the person who reviewed the application doesn't understand the conditions for the K1 AOS. Thank you for helping! 🙂

[Sparkle Sparkle 913]

4 minutes ago, Edward Becnel said:

Yes, we applied for the SSN shortly after we were married, but it was denied because the person who reviewed the application doesn't understand the conditions for the K1 AOS. Thank you for helping! 🙂

Technically since his surname did not change after marriage... Their should not be any problem... If he does not understand the concept.. You can educate him or ask to speak to a supervisor... Beat of luck though 

Edited October 24, 2019 by Sparkle Sparkle