ruthie_sue08 31 Posted March 22, 2013 ok so I got approved for the DACA. My question is does anyone know how this can affect the process to get your green card through your USC spouse?? Like what paper work we will absolutely have to fill out & pay to file? Anyone have any info about this? Any help will be greatly appreciated! 1 Dariela reacted to this Share this post Link to post Share on other sites
Theresa 63 Posted March 23, 2013 Applying for deferred action doesn't cancel anything. If you are on a waiting list, that does not give you legal status. So, assuming you have no legal status, then yes, you can apply without jeopardizing your green card application. Share this post Link to post Share on other sites
ruthie_sue08 31 Posted March 23, 2013 Applying for deferred action doesn't cancel anything. If you are on a waiting list, that does not give you legal status. So, assuming you have no legal status, then yes, you can apply without jeopardizing your green card application. I know it wouldn't cancel it. But what forms would be necessary to fill out since i now have temporary status for 2 years? That's where I'm a bit confused. Share this post Link to post Share on other sites
Theresa 63 Posted March 23, 2013 The requirements for these petitions don't mention anything about not having any temporary status at the time of summition or during the petition length. us citizen to petition for immediate relative would file I-130 and I-485 at the same time. Then once that is aproved, you would need to file i-601A, Application for Provisional Unlawful Presence Waiver as of march 4, 2013 To learn more about I-601A go to the USCIS website Share this post Link to post Share on other sites
Theresa 63 Posted March 23, 2013 At www.uscis.gov you can find the fees for each form Share this post Link to post Share on other sites
ruthie_sue08 31 Posted March 23, 2013 The requirements for these petitions don't mention anything about not having any temporary status at the time of summition or during the petition length. us citizen to petition for immediate relative would file I-130 and I-485 at the same time. Then once that is aproved, you would need to file i-601A, Application for Provisional Unlawful Presence Waiver as of march 4, 2013 To learn more about I-601A go to the USCIS website Do i really have to fill out the I-601A if i came to the US with a tourist visa & overstayed my visit? I was only a year old when i got here. My brother fixed his papers & only filled out the I-130 & I-485? They never mentioned that other form to him. Share this post Link to post Share on other sites
Theresa 63 Posted March 25, 2013 Yes, you are right The spouse (Wife or Husband) does not have to have been in the US legally the entire time, just prove that he/she entered legally with a passport/visa the last time and remained in the US even if the visa or I-94 expired already (overstay). Share this post Link to post Share on other sites
ruthie_sue08 31 Posted March 25, 2013 Yes, you are right The spouse (Wife or Husband) does not have to have been in the US legally the entire time, just prove that he/she entered legally with a passport/visa the last time and remained in the US even if the visa or I-94 expired already (overstay). Ok well i fall under that category so I'm good there. Now i need to talk to someone about filing the rest & figuring out what the temporary status might make easier. I'm hoping everything, but that's a long shot! Share this post Link to post Share on other sites
