Jump to content
luvbugImmel

US citizen petition DACA

16 posts in this topic

Recommended Posts

My spouse is in the process to petition me, I am undocumented under DACA. However, we'd like an advice with forms. We have completed the following forms; I-130 and G-325A. Is there other forms that need to be file, if so, please let us know, and we appreciate the help.

If i understood correctly I-485 is filed after you hear back from USCIS on the I-130, right?

Thank you.

Share this post


Link to post
Share on other sites

My spouse is in the process to petition me, I am undocumented under DACA. However, we'd like an advice with forms. We have completed the following forms; I-130 and G-325A. Is there other forms that need to be file, if so, please let us know, and we appreciate the help.

If i understood correctly I-485 is filed after you hear back from USCIS on the I-130, right?

Thank you.

No you can go ahead and file i485,i765,i130, and I-131. This is called concurrent filing. Im in the same boat as you. I filed September 8th.


Package sent: 9/08/2016
Received: 9/10/2016
Checks cashed: 9/15/2016

Text/Emails: NONE!!!
NOA in mail: 09/19/2016 - Notice date: 9/14/2016
BIO Appt in the Mail: 09/22/2016 - Scheduled for 10/03/2016- COMPLETED
EAD/AP Approved: 11/15/2016
EAD/AP Received:
Interview:

GC Approved:

GC Received:

Share this post


Link to post
Share on other sites

Sounds like you need to go the DACAbilly route to adjust.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

You cannot AOS if your last entry was EWI. However, if you manage to get an AP (by filing I-131), use it and come back to the US on it you can AOS after that.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

No you can go ahead and file i485,i765,i130, and I-131. This is called concurrent filing. Im in the same boat as you. I filed September 8th.

I've been here since 91 and EWI (enter without inspection). So just to be clear, I supposed to file; I-130, G-325A, I-485, I-765 (even though i'm already under DACA and i have a work permit, i didn't think i had to file that one since i already have a legal permit to work) and I definitely at this moment cannot apply for I-131 because i don't have a legitimate reason to leave to Mexico.

I just need to know which forms we need to fill. Do I send them all together? Thanks. And congratulations on filing.

Question?

How did you enter to the US? if you didn't come legally, you can't apply for AOS but if you last time was legal, you're good! ?

I entered without inspection, that is not a legal way.

Share this post


Link to post
Share on other sites

I've been here since 91 and EWI (enter without inspection). So just to be clear, I supposed to file; I-130, G-325A, I-485, I-765 (even though i'm already under DACA and i have a work permit, i didn't think i had to file that one since i already have a legal permit to work) and I definitely at this moment cannot apply for I-131 because i don't have a legitimate reason to leave to Mexico.

I just need to know which forms we need to fill. Do I send them all together? Thanks. And congratulations on filing.

I entered without inspection, that is not a legal way.

You are NOT eligible to file for AOS. In order to do so, your last entry must be a legal one. If you file for AOS you'll lose $1490 because it will be denied.

From the instructions for Form I-485:

"Who is Not Eligible to Adjust Status?

You were not admitted or paroled following inspection by an immigration officer"

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
Posted (edited)

You have probably figured it out by now. Yet I would like to share what my husband and I have accomplished thus far. We applied for the I-130 and it was approved, about a year later I received DACA and I applied for Advance Parole. Made my legal entry and got my passport stamped. The AOS can only be done this way because we entered without inspection.  We did have a choice to do this through consular processing but that would take twice as long and we would have to spend almost 3 times as much. by doing it through consular processing you must also obtain a pardon. Being married to a USC allows you to apply in the US and have it approved before you leave making your stay out of the country a lot shorter. Any way, we were teen parents so we didn't want to take any chances or have an extra 3,000 to spend on that. So we opted for AOS. After making my legal entry it was then we applied for the I-485 (received on 11/20). Because my DACA does not expire until 07/2017 my lawyer choose to bypass the Advance parole and the EAD. (this can either speed things up or shoot me in the foot if the AOS  appointment takes too long ) but I trust her so we went with it. Thus far I have had my Bio metrics appointment and mt status online has changed to "Case Is Ready To Be Scheduled For An Interview" this was on January 5th, 2018! I'm excited but here comes the real waiting game because i hope the actual scheduling of the interview does not take forever. Any way hope that helps. If any one wants and actual time line with exact dates let me know. 

Edited by Sandy0616

Share this post


Link to post
Share on other sites

I too was brought in this country as EWI. Have been married to my wife since 2009 and with DACA I was able to travel for work related reason. I filed for AOS back in Aug 2017. Already have given my fingerprints and then comes the letter in mail for RFE dated Oct 26th asking me to submit the proof of legal entry in USA or proof of paroled and gave us 87 days time line. The document requested were already submitted along with the case (I had sent non visa page that had paroled stamped and my boarding passes that was stamped by immigration officer with USA printed and Adminted printed on it) . Anyhow the person handling my case may not have seen it and sent the RFE. well my attorney fell sick in October and bad weather in houston, tx caused delays and finally the respose was sent and received by USCIS office on Jan 19th 2018. This falls within the 87 days.. I think the attorney also included an apology letter and stated his reasons for late response. But long story short since the 19th I have seen no status change on USCIS. I know it has only been a week but just praying that some kind of positive change in status is updated so it can provide some kind of comfort.  my current DACA expires in August 2018 and have a baby on way in March. Hopefully everything will be sorted out by then.. 

Edited by Shoaib Ali
Submitted by mistake as incomplete. Needed to edit to complete.

Share this post


Link to post
Share on other sites

Hi, I have a similar case but I applied July 2017. USC spouse and I have DACA. We filed I-130 and with EWI. Now we are stuck because it still says it's in process and we are not sure what else we have to do? Please help thank you in advance. 

Share this post


Link to post
Share on other sites

Basically wait.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
On 1/26/2018 at 3:30 PM, Shoaib Ali said:

I too was brought in this country as EWI. Have been married to my wife since 2009 and with DACA I was able to travel for work related reason. I filed for AOS back in Aug 2017. Already have given my fingerprints and then comes the letter in mail for RFE dated Oct 26th asking me to submit the proof of legal entry in USA or proof of paroled and gave us 87 days time line. The document requested were already submitted along with the case (I had sent non visa page that had paroled stamped and my boarding passes that was stamped by immigration officer with USA printed and Adminted printed on it) . Anyhow the person handling my case may not have seen it and sent the RFE. well my attorney fell sick in October and bad weather in houston, tx caused delays and finally the respose was sent and received by USCIS office on Jan 19th 2018. This falls within the 87 days.. I think the attorney also included an apology letter and stated his reasons for late response. But long story short since the 19th I have seen no status change on USCIS. I know it has only been a week but just praying that some kind of positive change in status is updated so it can provide some kind of comfort.  my current DACA expires in August 2018 and have a baby on way in March. Hopefully everything will be sorted out by then..

Update as of Jan 31st. Case ready for interview. We will contact you when we schedule your interview. If you still no word on my AP and EAD which I filed along with this case. 

Share this post


Link to post
Share on other sites
On 2/7/2018 at 9:15 PM, Shoaib Ali said:

Update as of Jan 31st. Case ready for interview. We will contact you when we schedule your interview. If you still no word on my AP and EAD which I filed along with this case. 

Update as of Feb 6th. Your EAD and your AP have been approved. The wesite was updated at 6pm central time on Feb 8th.

Update as of Feb 8th. Your card has been mailed to the address provided. This was updated on Feb 8th at 10:30 pm central time. 

Wow not sure if they working late hours or if it is their system that is taking time to update. 

 

I-485 still says Case ready to be scheduled for an interview. Fingers crossed that this will update within 6 months as well. 

Share this post


Link to post
Share on other sites
On 1/24/2018 at 10:40 AM, Display01 said:

Sandy0616,

Were you ever ordered deported?

 

No, Thank god I have had no run ins with the law either. This is what compelled my lawyer to take that rout. I was getting advanced parole to visit my grandma because she had surgery.  I would also like to update that my status has changed to interview scheduled for march 21st! I'm So excited! Hope all goes well for all of you! 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×