Wanting to do spousal petition, but under very difficult circumstances

[ALK7055 0]

Hello,

I would love any advice possible..

My boyfriend was born in El Salvador, and he came here illegally when he was 14. He's been here in the US since then and has not left, he attended school, and took classes to finish his GED. He has filed taxes, but he does not have a vaild green card. We want to get married to help him get his green card or visa, but I read that he would have to be deported back to his country and there would be no possible way for him to come back since he's been "unlawfully present" for so long. He qualifies for DACA, or so it seems with his age and circumstances. I would have to sign a petition for him to stay here and prove hardships for him to be able to stay here in the US with me. Any help or feedback would be greatly appreciated. I am so lost and confused. thank you.

[Transborderwife 4,666]

How old is he? What year did he come? Another great site for this subject is immigrate2us

[ALK7055 0]

He's 23 years old. He came here in 2006.

How old is he? What year did he come? Another great site for this subject is immigrate2us

He's 23 years old, he came here in 2006.

Sorry for the multiple responses.. still new to this. Thank you for the site reference!

[Shauna&Wael 211]

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

He can stay in the US while the petition is being processed, and only need to leave for the medical / interview in his home country.

Can someone jump in and add when does the waiver need to be filed, should it be filed in conjunction with I-130 or I-129F

[Transborderwife 4,666]

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

He can stay in the US while the petition is being processed, and only need to leave for the medical / interview in his home country.

Can someone jump in and add when does the waiver need to be filed, should it be filed in conjunction with I-130 or I-129F

If he can get DACA doesn't that come with AP?

[ALK7055 0]

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

He can stay in the US while the petition is being processed, and only need to leave for the medical / interview in his home country.

Can someone jump in and add when does the waiver need to be filed, should it be filed in conjunction with I-130 or I-129F

Wow, thank you for this. So very much. It just lifted my spirits..

So, if we do get married he would have to file for this petition, but even though he has to leave to his home country it wouldnt be for the 3 or 10 years.. just weeks?

Also, he would still be granted access back in the US?

I'm so sorry if i'm overstepping with so many questions.

Thank you again for this!

[Shauna&Wael 211]

If he can get DACA doesn't that come with AP?

That depends if he meets this guideline:

"Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;"

I don't see what the benefit of getting DACA would be, he'd get work authorization from the spousal petition anyways. Seems like an unnecessary hoop to jump through?

Wow, thank you for this. So very much. It just lifted my spirits..

So, if we do get married he would have to file for this petition, but even though he has to leave to his home country it wouldnt be for the 3 or 10 years.. just weeks?

Also, he would still be granted access back in the US?

I'm so sorry if i'm overstepping with so many questions.

Thank you again for this!

Most of those questions are discretionary, the consular officer or CBP will decide his fate.

[ALK7055 0]

That's what I thought... The whole DACA things seems just like extra paperwork if it is not needed since I can apply for two petitions after marriage.

The I-130 and I-601A waiver.

It seems like that is the best choice and route.

Since hopefully the consulate can grant him access back and adjust his status as a lawful permanent resident.

[Shauna&Wael 211]

That's what I thought... The whole DACA things seems just like extra paperwork if it is not needed since I can apply for two petitions after marriage.

The I-130 and I-601A waiver.

It seems like that is the best choice and route.

Since hopefully the consulate can grant him access back and adjust his status as a lawful permanent resident.

Yeah, definitely don't go the K-1 route. Do a CR-1 visa. The I-130 is a petition, the I-601 is a waiver hehe

[ALK7055 0]

Yeah, definitely don't go the K-1 route. Do a CR-1 visa. The I-130 is a petition, the I-601 is a waiver hehe

Oh my mistake.. Geeze.. so many different acronyms, i get so confused.. You can tell this is ALL new to me and I'm head under water now.

You threw in a new term to me and i'm confused now!

The CR-1, is not a I-130?

Or, I would apply for the I-130 first, and then CR-1.. and then the I-601 when he leaves the country?

Oh geeze.. so much to learn. Thank you for your quick responses and being so patient with my many questions!! You are such a huge help.

[Shauna&Wael 211]

Oh my mistake.. Geeze.. so many different acronyms, i get so confused.. You can tell this is ALL new to me and I'm head under water now.

You threw in a new term to me and i'm confused now!

The CR-1, is not a I-130?

Or, I would apply for the I-130 first, and then CR-1.. and then the I-601 when he leaves the country?

Oh geeze.. so much to learn. Thank you for your quick responses and being so patient with my many questions!! You are such a huge help.

You file the I-130 petition first, USCIS will approve or deny it, then it goes to the National Visa Center, once they complete pre-processing, THEN it goes to the embassy, and only then will they decide to grant you the CR-1 visa or not. CR-1 is the category of visa you're going for.

I believe the I-601A will be filed along with the I-130, but I am unsure. Sorry!

Edited August 4, 2015 by Shauna&Wael

[Sandra G. 5,016]

601A must be filed after approval of the form I-130.

[TBoneTX 43,048]

*** Thread moved from K-1 Process forum to the CR-1 Process forum -- OP is contemplating the latter visa path. ***

[newacct 688]

I don't see what the benefit of getting DACA would be, he'd get work authorization from the spousal petition anyways. Seems like an unnecessary hoop to jump through?

A benefit of getting DACA would be, he can then try to get Advance Parole with it (he needs a humanitarian reason, but visiting relatives he hasn't seen in a long time who may be elderly or not in good health is enough reason). And if he can get Advance Parole, he can leave the US and enter again, and then he would have a legal entry, and he would qualify for Adjustment of Status in the US. Then he wouldn't need a waiver.

[Shauna&Wael 211]

A benefit of getting DACA would be, he can then try to get Advance Parole with it (he needs a humanitarian reason, but visiting relatives he hasn't seen in a long time who may be elderly or not in good health is enough reason). And if he can get Advance Parole, he can leave the US and enter again, and then he would have a legal entry, and he would qualify for Adjustment of Status in the US. Then he wouldn't need a waiver.

"Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time, at the agency’s discretion."

He's not in removal proceedings, nor does he need to travel anytime soon. I really don't think DACA is necessary here. His unlawful presence will automatically be forgiven due to him marrying a USC, correct?