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Hey Guys, I am planning to marry my long time girlfriend and she has DACA while I am a US citizen. She entered US without inspection and had DACA before she turned 18 -- renewed ever two years without lapse (0 Days for unlawful presence). Since DACA might be killed soon by the supreme court, we were thinking of starting her green card process. Her DACA expires in 1.5 years so we do have some time before she is out of status. What would be the best/fastest option for her to obtain a green card? We would like to minimize her stay outside of US as she is currently in the Medical school. I heard K1 visa is an option. Am I allowed to file her K1 while she is in the US and fly back to home country for the interview? Any other option?

Thank you so much for your help!!!

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if shes here and in school, why not get married and file for adjustment directly? far more benefits to that than any other route.

 

im not sure if her being on DACA affects that possibility at all, though


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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2 minutes ago, debbiedoo said:

if shes here and in school, why not get married and file for adjustment directly? far more benefits to that than any other route.

 

im not sure if her being on DACA affects that possibility at all, though

Thank you for your reply! Unfortunately, we cannot do AOS within states because she entered without inspection (no legal entry).

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2 minutes ago, debbiedoo said:

if shes here and in school, why not get married and file for adjustment directly? far more benefits to that than any other route.

 

im not sure if her being on DACA affects that possibility at all, though

I think you can't adjust if you weren't inspected upon entry. I would say get married now wait a while file I130 when the timing would be right for her to leave the country for her interview and return just after your 2 year anniversary. Now I'm not sure about waiverw or anything that would be required since she has DACA. May be wise to consult an attorney. (Just my thoughts, not an expert by any means)

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20 minutes ago, Nice_Try_Einstein said:

Hey Guys, I am planning to marry my long time girlfriend and she has DACA while I am a US citizen. She entered US without inspection and had DACA before she turned 18 -- renewed ever two years without lapse (0 Days for unlawful presence). Since DACA might be killed soon by the supreme court, we were thinking of starting her green card process. Her DACA expires in 1.5 years so we do have some time before she is out of status. What would be the best/fastest option for her to obtain a green card? We would like to minimize her stay outside of US as she is currently in the Medical school. I heard K1 visa is an option. Am I allowed to file her K1 while she is in the US and fly back to home country for the interview? Any other option?

Thank you so much for your help!!!

K1 would be the worst of the two choices 


YMMV

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10 minutes ago, ThomasNC1988 said:

I think you can't adjust if you weren't inspected upon entry. I would say get married now wait a while file I130 when the timing would be right for her to leave the country for her interview and return just after your 2 year anniversary. Now I'm not sure about waiverw or anything that would be required since she has DACA. May be wise to consult an attorney. (Just my thoughts, not an expert by any means)

yeah i dont know enough about daca or student visas to speak confidently on what can be done with those


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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4 minutes ago, Nice_Try_Einstein said:

Why do you say that? - I don't mean that in a bad way. I am just trying to understand all the options. 

Because a spousal visa is far faster to green card 


YMMV

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1 minute ago, ThomasNC1988 said:

Hmm looks like if she has a valid reason for advanced parole she can leave the country and re-enter at an official POE and then adjust from within the US. Reasons for AP are limited for DACA however.

Unfortunately, they have completely stopped issuing AP for DACA holders unless your member of armed forces. 

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Just now, Nice_Try_Einstein said:

Unfortunately, they have completely stopped issuing AP for DACA holders unless your member of armed forces. 

Well that kills that, sorry. I think what you really need to figure out is what waivers of any she will need to be granted a visa. Unfortunately I don't know if there are many experienced with DACA on this site. Many attorneys will offer a free consultation, maybe you have one local.

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CR1 would be obvious.

4 minutes ago, ThomasNC1988 said:

Well that kills that, sorry. I think what you really need to figure out is what waivers of any she will need to be granted a visa. Unfortunately I don't know if there are many experienced with DACA on this site. Many attorneys will offer a free consultation, maybe you have one local.

According to OP she does not need a waiver.


“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.”

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18 hours ago, Nice_Try_Einstein said:

Hey Guys, I am planning to marry my long time girlfriend and she has DACA while I am a US citizen. She entered US without inspection and had DACA before she turned 18 -- renewed ever two years without lapse (0 Days for unlawful presence). Since DACA might be killed soon by the supreme court, we were thinking of starting her green card process. Her DACA expires in 1.5 years so we do have some time before she is out of status. What would be the best/fastest option for her to obtain a green card? We would like to minimize her stay outside of US as she is currently in the Medical school. I heard K1 visa is an option. Am I allowed to file her K1 while she is in the US and fly back to home country for the interview? Any other option?

Thank you so much for your help!!!

She entered without inspection then she can’t adjust status in the U.S. K1 visa petitioners must attend the interview abroad and if she leaves she will have the 10 year bar to reenter in the U.S and she will need a waiver to overcome inadmissibility, she can file the waiver just  after the interview abroad, and the waiver is taking 12 months to be adjudicated, then she will be at least 12 months abroad .The chance for the waiver to be approved for K1 visa is not good.

 

The best option is to get married file JUST THE I130 and the l601A,not the l601, once the l130 and the waiver are approved she MUST leave the U.S to attend the CR1 interview abroad anf  she can return to the U.S within 5/7 days .She   will  leave the U.S  after her waiver was approved ,this option is available just  for those who entered without inspection and the spouse is a U.S Citizen or GC holder.

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18 hours ago, debbiedoo said:

if shes here and in school, why not get married and file for adjustment directly? far more benefits to that than any other route.

 

im not sure if her being on DACA affects that possibility at all, though

She entered without inspection she can’t adjust status in the U.S.

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