US Immigration from Ecuador

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!

(there are a lot of questions in this post, so I will write them in red for emphasis)

Hello everyone,

Our situation is this: after getting married and starting the Adjustment of Status (AOS) process from a K-1 visa, my wife had to go back to Ecuador without Advanced Parole. We knew ahead of time that this would mean abandoning the AOS process, and accepted that.

We still want to be here in the US and that means starting the CR-1 process. Our biggest concern right now is that until the CR-1 visa is issued, my wife no longer has a way to visit here in the US. While we also accepted that possibility when she left the country, I see a couple of options to address that - a tourist (B-2) visa, or a spousal (K-3) visa.

Please let me know your thoughts on the following plan.

1. Send in the I-130 petition ASAP to get the CR-1 process started. This is almost ready, but I am not sure what is best to include as proof of a bona fide relationship given that we were living together but are currently apart, especially the items in bold below:
   • Joint bank accounts and credit cards (still working with my bank to get her added)
   • Health insurance documentation (I plan to keep her enrolled for now)
   • Lease and utility bills in both of our names (Will this confuse the issue? I could attempt to explain it in the cover letter)
   • Photos (a few from the wedding and a selection of us together over the years)
   • Copies of cards received congratulating us on the marriage (or save these for the interview, or omit altogether?)
2. Have her apply for a new tourist (B-2) visa.
   • She has had two B-2 visas in the past and used them for at least 14 short-term visits over the years, which I hope will help her case. Her last B-2 visa had an expiration in July 2020, although it was cancelled when the K-1 was issued. I am not sure if applying for a B-2 visa now would be considered "the same classification" (as needed for an interview waiver to apply) ?
   • We have the DHS/CBP list of ties to one's home country and will try to prepare that for a potential visa interview.
   • There is a still a good possibility that this will be denied because being married shows immigrant intent. We are not interested in AOS again (part of this has to do with the situation that led us to abandon it the first time), and hopefully there would be an opportunity to at least make that case.
   • Question: Does it make a difference whether she applies for the B-2 visa before or after the CR-1 petition has been submitted? I read the entire thread about visiting on tourist visas during the CR-1 process but wasn't clear about that part. Obviously the timing would affect the answers to some of the questions on the application and we would pay close attention to that.
3. After the I-130 has been submitted, file an I-129F petition for a K-3 visa.
   • Again, we would not be interested in adjusting status; this would just be another alternative that would hopefully allow her to visit while the CR-1 is in progress.
   • Question: Is there any problem with having both an I-129f petition for the K-3 and a B-2 application in process at the same time? Since it appears that the Ecuadorian consulate is not issuing B-2 visas right now, I would rather get the K-3 process started as soon as possible rather than waiting for the outcome of the B-2.
   • I understand that these are often denied as well, although it does seem like a good fit for a situation like ours.

I plan to email the non-immigrant visa section of the consulate to ask them for more clarification (in the past I have been able to get answers, although not without a lot of back and forth). In the meantime, I would appreciate the insight of anyone with experience in this, especially from the few out there who have abandoned K-1 AOS in favor of the CR-1.

If none of the above works, I can and will continue to visit her in Ecuador, but it would be great to have more options.

I'll be happy to clarify with more details as needed.

Thanks in advance!

Hi!

So we are almost done with the i-129f and i havr heard mixed things about this so i figured i would ask here...does my beneficiary need his passport for us to file the i-129f? Can he get it later on in this process?