Marriage To Usc After Daca Approval

[x_deleted_x 2]

Anyone know how the process looks after a DACA approval then get married to a USC??

Even with DACA, would I have to leave the country still? Does it make the path to permanent residence faster?

[profjouster 17]

im curious about this as well, anyone have any info?

[pswa83 302]

your best option with this would be to go to a lawyer. yes DACA would prevent someone from being deported if they commit a minor crime but not sure how it would work with DACA.

there is a hardship waiver that your spouse can file in order to have the ban waived. meaning that if you had to leave the US, the 3 to 10 yr ban that one would inquire would not be placed on them.

but like i stated, your best bet would be going to a lawyer.

[Theresa 63]

DACA does not affect your ability to receive residence through your USC spouse but also, does not help you with the "change of status". But you can if you came with a visa (even though you over stayed your visa and it's expired now). If you did not come in with a visa, there is another way to do it but you might need to see a lawyer to help you with 601A

[x_deleted_x 2]

DACA does not affect your ability to receive residence through your USC spouse but also, does not help you with the "change of status". But you can if you came with a visa (even though you over stayed your visa and it's expired now). If you did not come in with a visa, there is another way to do it but you might need to see a lawyer to help you with 601A

Yeah visa and overstay, came here at 2yo. I never left the US since.

I just don't wanna have to leave whenever the situation arises when I decide to get married.

[Theresa 63]

If both the U.S. Citizen and Foreign National Spouse are in the U.S., the U.S. Citizen may apply for the Foreign National Spouse's Permanent Residence through Adjustment of Status with the USCIS.

Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver. It is OK if the visa or I-94 has expired.

An Overview of the Process:

Once the marriage has taken place, you and your spouse need to fill the following with USCIS:

Petition for Alien Relative (USCIS Form I-130)

Application to Register Permanent Residence (USCIS Form I-485)

Biographic Information (USCIS Form G-325A)

Affidavit of Support (USCIS Form I-864)

Permission for Work Authorization (Optional) (USCIS Form I-765)

Medical Examination Results (USCIS Form I-693)

The appropriate supporting documents

The USCIS filing fees

(You can get the forms from uscis.gov)

Then....

1. The USCIS will contact you first regarding the Biometrics / Fingerprinting Appointment.

2. The USCIS will then issue the work authorization and permission to travel approximately 90 days after filing.

3. The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 9 months after filing the initial application, depending on the office processing your application.

4. Following a successful interview, you will receive a stamp classifying you as a Conditional Permanent Resident.

5. USCIS will mail the Permanent Resident Card (Green Card) approx 4-8 weeks after the successful interview.

6. The Conditional Status may be dropped by applying for Removal of Conditional Status (USCIS Form I-751) within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency.

Good luck!!! :-)

[profjouster 17]

so i wouldnt have to leave the country during my application process through a USC?

[Theresa 63]

If you can prove you entered legally, you don't have to leave the country while you wait for your green card. But don't apply for I-131 (advance parole to travel outside USA) This is especially a problem for people who trigger a reentry bar based on their having been unlawfully present in the U.S. for 180 days or more after the visa has expired. Do a search on each of the forms above on how they are filled out and what are the requirements to qualify and if your spouse qualifies to petition for you as well ( clean record, proper age, economic support guidelines etc. )