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hukyouk

Deferred Action for Childhood Arrival (DACA) and marriage

By hukyouk in Deferred Action for Childhood Arrivals (DACA)

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hukyouk Newbie

hukyouk   0

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What are the steps to gain citizenship if I am currently in the US with DACA and the person I will be marrying (US Citizen) is in the US as well?

How is this process any different compared to the marriages of the non citizen being outside the US? I'm assuming I will be able to skip the process of having to get a finance visa? I am not a permanent resident either btw.

Thanks!

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baron555 Veteran

baron555   934

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Filed: AOS (apr) Country: Kenya
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Deferred action is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Get permanent residency first. After 2 years you can ROC and get a 19 yr greencard. Then after 3 years of your permanent residency you can become a citizen if you're still married to your petitioner. You can aos in country depending on how you were brought here as a child.

Edited by Transborderwife
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hukyouk Newbie

hukyouk   0

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Yes that's true, but once I get married, I am aware that my spouse can file a Form I-130 on my behalf which will grant me permanent residence. If that is the case, would I just need to wait 3 years before I can apply for US Citizenship?

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hukyouk Newbie

hukyouk   0

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Sorry I am not familiar with ROC or AOS. Could you explain please?

Get permanent residency first. After 2 years you can ROC and get a 19 yr greencard. Then after 3 years of your permanent residency you can become a citizen if you're still married to your petitioner. You can aos in country depending on how you were brought here as a child.

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Merrytooth Mentor

Merrytooth   5,748

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Filed: Lift. Cond. (apr) Country: Singapore
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Posted

DACA - did you enter the country legally and overstay?

If yes, you can file I-130 / I-485 concurrently.

If you EWI, then you need to file a I-601A waiver, after approval you will need to go home for consular processing.

Some suggest that one filed for Advanced parole, re-enter US with inspection and adjust status.

Done with K1, AOS and ROC

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TBoneTX Grand Master

TBoneTX   42,988

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from the K-1 Process forum to the DACA forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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hukyouk Newbie

hukyouk   0

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Yes, I entered legally and overstayed.

How straightforward is it to concurrently apply for the I-130 and I-485? Would I need to hire an attorney or anything?

DACA - did you enter the country legally and overstay?

If yes, you can file I-130 / I-485 concurrently.

If you EWI, then you need to file a I-601A waiver, after approval you will need to go home for consular processing.

Some suggest that one filed for Advanced parole, re-enter US with inspection and adjust status.

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Merrytooth Mentor

Merrytooth   5,748

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Filed: Lift. Cond. (apr) Country: Singapore
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Yes, I entered legally and overstayed.

How straightforward is it to concurrently apply for the I-130 and I-485? Would I need to hire an attorney or anything?

If you have no criminal records, straightforward case:

Just follow the guide here

http://www.visajourney.com/content/i130guide2

Take your time to read through the forms instructions before filing.

Done with K1, AOS and ROC

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hukyouk Newbie

hukyouk   0

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I have my passport (my last point of entry to the US) with the proper stamp.

Also, as I apply, would getting the I-765 be a better alternative to the DACA?

Providing that you have some sort of proof of legal entry it's fairly straightforward

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