Husband has DACA

[Sel salas 0]

Hello, I want to petition for my husband. He has daca, meaning he has been here nearly his whole life. With this situation going on with DACA being canceled, we are scared to start the process. Knowing that once we have paid so much money with lawyers and going to Juarez just to be denied. We only been married since 8/25/17 but we've been together since 3/2013. I'm just worried if they say something like "why do you want to petition for him if you just got married " or they will see my age (21) petitioning for my husband who is nearly 6 years older than me. A lot is going through my head. I'm just scared they deny him and then he has to stay over there 😞😞

[Frage 67]

Hi what was the initial denial reason? Were you already married then? Are you a USC?

Edited September 6, 2017 by Frage

[Cyberfx1024 7,978]

9 minutes ago, Frage said:

Hi what was the initial denial reason? Were you already married then? Are you a USC?

She just said that they are scared of denial not they have been denied yet. 

[Sel salas 0]

We have not yet started the process because we are worried are marriage might not seem "legit", due to the fact that we don't have kids. I'm attending the university and also work and my husband works full time. And yes I am a USC. He has been in the US about 19 years, he came when he was about 7, illegally. 

[Esme2504 48]

1 hour ago, Sel salas said:

Hello, I want to petition for my husband. He has daca, meaning he has been here nearly his whole life. With this situation going on with DACA being canceled, we are scared to start the process. Knowing that once we have paid so much money with lawyers and going to Juarez just to be denied. We only been married since 8/25/17 but we've been together since 3/2013. I'm just worried if they say something like "why do you want to petition for him if you just got married " or they will see my age (21) petitioning for my husband who is nearly 6 years older than me. A lot is going through my head. I'm just scared they deny him and then he has to stay over there 😞😞

You will be okay. The age difference doesnt matter. Nothing wrong with wanting to adjust his status after marriage. You should do it.

[LionessDeon 2,060]

Are DACAs eligible to file for AOS when married?

[Frage 67]

My bad I misunderstood the sentence "once we have paid so much money with lawyers and going to Juarez just to be denied". 

 

Does your husband have a I-94 or was he inspected at the border? 

[Cyberfx1024 7,978]

18 minutes ago, LionessDeon said:

Are DACAs eligible to file for AOS when married?

Yes, as long as the petitioner is a USC. 

[Boiler 43,419]

Use AP and the adjust in country, the high speed easy option.

[geowrian 22,335]

1 hour ago, Sel salas said:

We have not yet started the process because we are worried are marriage might not seem "legit", due to the fact that we don't have kids.

Kids are not required. Children are proof that you were intimate, not that you are in a current and legitimate relationship. I understand being worried, but I see nothing in particular of concern. Good luck!

 

31 minutes ago, cyberfx1024 said:

Yes, as long as the petitioner is a USC. 

I thought you needed to leave (with AP) then re-enter as a parolee so that you have been inspected and admitted, as required for AOS...?

[LionessDeon 2,060]

17 minutes ago, Boiler said:

Use AP and the adjust in country, the high speed easy option.

That's what I thought.  No need for lawyers and Juarez.  They just married in August.   OP not sure why you feel any of this would be suspicious or reason for denial.

 

51 minutes ago, cyberfx1024 said:

Yes, as long as the petitioner is a USC. 

Thanks!

[bammy17 10]

You should definitely petition. Doesn't matter that you just got married. It's like a 2 year process anyway

[Cyberfx1024 7,978]

5 hours ago, bammy17 said:

You should definitely petition. Doesn't matter that you just got married. It's like a 2 year process anyway

2 year process for what exactly? If they do AOS the process is about 9-12 months right now. 

[Mrs. Wild 87]

12 hours ago, Boiler said:

Use AP and the adjust in country, the high speed easy option.

AP is no longer an option for DACA recipients. All ongoing AP applications are being shut down and fees are to be refunded. No new AP apps for DACA recipients will be accepted.

 

 

[Mrs. Wild 87]

13 hours ago, LionessDeon said:

Are DACAs eligible to file for AOS when married?

DACA recipients are eligible for AOS if they came here with a visa initially. Proof of legal entry is required for AOS. The OP stated her husband entered illegally when he was 7. He would not qualify for AOS and would instead have to do consular processing with a waiver for the illegal presence.