US Immigration from Ecuador

I'll keep this as short as possible because the details can get overly nuanced - but my wife is attempting to get a driver's permit (she was not a driver in Ecuador so can't just use a foreign license) and state ID. The goal was that while she awaits her EAD (Sent 9/30, NOA1 is 10/14) she can be learning to drive with me. After three months of practice she could sit for her real license.

The first time we went, in early November, the representative understood K-1 totally and said he will start a case for her and check with USCIS - and to expect a call in 3 days or less when her name was cleared by USCIS. He started a case and said USCIS would be contacted. He said the marriage license, visa, proof of health insurance, passport, bank statement, proof of social security number (she has one), and I-797(NOA) were enough. He said, rightfully, that an expired I-94 is totally acceptable with a K-1 visa because of it's 90-day nature - and that this "happens all the time".

We didn't hear from the DMV - and since you sit on hold forever, reaching anyone on the phone takes almost as long as going in person. We decided to just go in person with all the necessary documents. Unfortunately, that same knowledgable representative was no where to be found, and we got a different representative who said they absolutely cannot issue you an ID or permit or license with an expired I-94. This woman that she'll have to wait until she gets her green card because an expired I-94 cannot be used under any circumstances. We asked to speak to the manager, who told us the same thing - but said a work authorization would also work (we never mentioned that she also applied for EAD since it would give them the opportunity to say "it's only a few months". We'd rather them think they are causing us a year of delays. It's better for your leverage as a customer).

I followed all of the NJ MVC advice given in another VJ post that I'll attach to the end of the post. I used the same (Lawrence, NJ) MVC that the poster said to use. Of course that was 2018 and personnel changes all the time. The person in that post was able to do exactly what the first representative told us was possible - using a marriage license, K1 visa, passport, and expired I-94 to prove you are here legally and able to get a state ID/license in NJ. It's just a matter of getting them to understand this, or finding someone who does.

Does anyone have any experience in being able to get anything from motor vehicles in NJ (or even another state if it's relevant)? We were thinking of calling USCIS to get some sort of letter, but I don't know if their folks even have the time to do that stuff.

We got our NOA1! We filed on 10/13 and got NOA1 yesterday. Just thought I'd share to give a bit of hope to those just starting during these wild times.

My now-wife moved here in April, in the middle of the COVID first wave in this area (NJ). We were married in July, and didn't handle the SSN before then. Part of the reason is that she already has a social security number from when she had a campus job here 12 years ago. So I always felt her situation was different than others in that she has a number, just needs to learn it again - which one would assume is an easier process than actually having a new number created for you. Also, with everything closed it's not like pre-COVID where you could just walk into an office. It would involve losing ones passport for who knows how long, which is unsettling.

In late July, we reached out to the local SSA, via phone. The representative said it was fine that the I-94 was expired, and to just send the marriage license and the passport/k1. Of course, that was not true and we received a rejection exactly 4 weeks later in late August. Their rejection letter said that there was no proof of legal status in the US, which I assume is what they tell to everyone with an expired I-94. The NOA from AOS would provide legal status.

Later in September, we filed for AOS, EAD, and AP. In our EAP application, she asked that they not give her a social security number since we planned to handle that with the local SSA (who is not very informative at all over the phone - and everyone says something different). We planned to send her passport/k1, I-94, and NOA for AOS to prove legal status, along with an explanation that the SS number would be necessary to obtain a driver's license - which is the main reason we wanted to get the SS card before the work visa (along with establishing credit, but that's less of a necessity right now).

Which of these 2 options do you think is the best?

1) Sending these documents (passport/visa, AOS NOA, and I-94) to the social security office. They say it can take 5 weeks to get the card, and the people on the phone are very unhelpful. The representatives are unable to give us much info besides "send us your documents".

2) According to the SS office, they are accepting in-person visits for people who need new, not replacement, social security cards. You fax your request and they call you to schedule and appointment. Also, one SSA employee she spoke to claims that an old social security number from student work is dead and you should treat it like it's an entirely new card and number. I don't think this is true... but it's their own bad, contradictory information they give on the phone. Should my wife just claim she needs a new SS # to get an in person meeting where she can vouch for herself more than sending her passport away for a month or more? If they discover she already has a number, they'd just give her the old number again, just as EAD would have done? No.

Any other opinions on the quickest way to get a social would be helpful. It's been a confusing scenario - having a 12 year-old social but not knowing the number anymore - and all of the COVID delays plus misinformation from the office.

Regarding USCIS, is there any way to tell them that in fact she does want her SS Card with EAD? I assume not but just curious.

Thanks a lot. The local SSA has been amazingly unhelpful with this.

It's nearing the 7th month from our NOA1 and still no NOA2. I'm starting to worry. Is this normal? USCIS states the pandemic didn't affect anything and the site says March 25 applicants can ask for a case inquiry.

How are you K1 people holding up? Specially March-May applicants.

Hi,

I started another thread in the CR-1 forum but asked too many questions at once. Here I will focus on just one issue.

We submitted the I-485/765/131 at the beginning of September to adjust status from a K-1 visa, but my wife had to leave the U.S. without Advanced Parole and we will now be filing for an IR-1/CR-1 instead.

I understand that the AOS was abandoned upon departure from the country. However, before submitting the I-130, I am not sure if it is still in our best interest to notify USCIS of the withdrawal of the AOS application, and the best way to do so with my wife out of the country.

Options I can think of are:

1. I, the U.S. citizen, send a letter to the National Benefits Center (where the NOA1s were addressed from) informing USCIS that my wife has left the country and will no longer be adjusting status, and that I intend to file an I-130 on her behalf. Attach all NOA1s and I-94 arrival/departure record. (I have read of at least one person on this forum who did it this way and received a response).
2. Instead of #1, my wife sends the letter from Ecuador instead of me, since she was the applicant on all those forms. (More difficult as Correos del Ecuador is having a lot of service issues right now).
3. Do neither 1 or 2 and instead explain the situation in the cover letter of the I-130 when I submit it.
4. Some other option (e.g. make an appointment with the local USCIS office, send a scanned letter from my wife without an original signature, something else?)

Any suggestions would be appreciated. Mainly we are interested in minimizing any confusion and making sure USCIS doesn't spend any unnecessary time on the AOS case (so that presumably that time can be spent on cases that are actually worth pursuing like the IR-1/CR-1 we submit).

Thanks!