DACA to Marriage

[sbrown11 0]

Hi!

My fiancee and I are just starting our journey of immigration. I am a US citizen and am marrying a Mexican National that is currently going to college and on has DACA. His DACA expires in AUG 2016, we are planning on getting married in the Spring or Summer of 2016, currently early June. But my concern is how should we proceed with the immigration process. Do we need to be married prior to his DACA expiring and have the adjustment of status already taken care of. Or can we marry in June 2016 and be in the process of adjusting his status when his DACA expires. I don't want this to effect his work or school. But at the same time, I can't see us having enough money to be married in early spring or late winter.

Anyone dealt with this before?

[Hypnos 6,576]

A marriage licence costs <$100, and that is all you need to get married legally.

Assuming your fiancé EWI then he is ineligible to adjust status even if you get married. He would need to obtain Advance Parole (based on DACA - he would need a good reason for it), depart the US, be paroled back in, then he can file to adjust status. Or he could pursue the immigrant visa path, and could probably file an I-601A after his I-130 was at the NVC and their fees were paid. This assumes that his only inadmissibility is illegal presence.

[sbrown11 0]

He entered the country legally. Just over stayed his visa and then received DACA

[NancyNguyen 1,657]

Does he still have proof of being inspected like I-94, passport stamps...??? If yes, you guys can proceed with marriage and AOS. Good luck.

[Congoman 4]

If this is someone you really want to spend you life with then it makes sense financially to take care of adjustment of status before anything else. If he entered the U.S with a visa and overstayed then DACA really don't do for him. Trust me I went through the same thing he is going through. He is only using DACA to get the work permit which he has to renew every 1 year and 9 months "they claim its 2 years but must be renew months before it expires. Obtaining a green card before he graduates would put him on a platform to apply for paid internships and lead to better jobs. Without a green card he has to pay out of pocket for tuition, and most student loans request for green card or U.S. citizenship.

[EM_Vandaveer 2,408]

If she entered legally, then you just marry and file for AOS. Easy-peasy. (And expensive & long, but straightforward process.)

Follow this guide:

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

Edited September 3, 2015 by EM_Vandaveer