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Albertobeltran

AOS for DACA recipient through marriage ?

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Hi everyone . 

I have some questions if any one could help me . I have been married with my wife since January 2019and she just moved in with me , but have been together for two years . I am a DACA recipient and I want to be a resident . What exact documents should I file ? I’ve went to the USCIS website and I am not the best at understanding . What are the possibilities of me obtaining my residency ? Has anyone with daca went through this ? Thank you 

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How did you enter? Were you inspected?


“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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1 minute ago, Boiler said:

How did you enter? Were you inspected?

I was brought illegally by my parents as a child and when I turned 18 i got the deferred action (DACA) my permit . Didn’t leave the US just received the permit here 

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So you would go through Consular processing, does not sound like you have a ban.


“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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10 hours ago, Albertobeltran said:

I was brought illegally by my parents as a child and when I turned 18 i got the deferred action (DACA) my permit . Didn’t leave the US just received the permit here 

 

Just to give you more information, as Boiler mentioned, you will need to go through Consular Proceedings. This means that you will need to leave the US and go to an interview appointment in your home country to receive a spousal visa (CR-1/IR-1), also known as Green Card.

 

Another important thing for you to know is that illegal/unlawful status does not start until a person turns 18 years old. How long after you turned 18 did you receive your DACA? If you were without DACA more than 6 months after you turned 18, you will have to a apply for waiver. (It is a huge pain in the a** and expen$ive, so I hope that is not your case)

 

The overall process goes something like this:

  • Submit form I-130 & wait for it to get approved
  •  Case moves to National Visa Center (NVC)
  • Pay NVC fees
    •  IMPORTANT: You need to be absolutely sure about whether you need a waiver or not, before continuing with the process. Apply for waiver, if needed.
  • Submit documents to NVC
  • NVC moves your case to embassy at your home country
  • Embassy schedules interview date
  • You travel to home country for visa interview
  • If everything goes well, you'll return as a permanent resident

 

See Immigrant Visa Process:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition.html

 

Good luck!

 

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3 hours ago, trac3rt said:

 

Just to give you more information, as Boiler mentioned, you will need to go through Consular Proceedings. This means that you will need to leave the US and go to an interview appointment in your home country to receive a spousal visa (CR-1/IR-1), also known as Green Card.

 

Another important thing for you to know is that illegal/unlawful status does not start until a person turns 18 years old. How long after you turned 18 did you receive your DACA? If you were without DACA more than 6 months after you turned 18, you will have to a apply for waiver. (It is a huge pain in the a** and expen$ive, so I hope that is not your case)

 

The overall process goes something like this:

  • Submit form I-130 & wait for it to get approved
  •  Case moves to National Visa Center (NVC)
  • Pay NVC fees
    •  IMPORTANT: You need to be absolutely sure about whether you need a waiver or not, before continuing with the process. Apply for waiver, if needed.
  • Submit documents to NVC
  • NVC moves your case to embassy at your home country
  • Embassy schedules interview date
  • You travel to home country for visa interview
  • If everything goes well, you'll return as a permanent resident

 

See Immigrant Visa Process:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition.html

 

Good luck!

 

Thank you for the information !

received DACA in 2012 when I was 14 , so would I only fill out the I-130? Or -I-130a also ? 

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**Moved from What Visa Do I Need - Family Based Immigration to IR-1 / CR-1 Spouse Visa Process & Procedures; OP is married so the only option is the spousal visa**


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

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To be clear, to begin the process, the OP submits nothing.  His WIFE submits an I-130 and I-130a.  Just follow the CR1 spouse visa guide here.  Be certain to become A students of the Instructions for each form that will be filed.

 

Not also, that the immigrant visa is NOT "also known as" a green card.  The green card signifies you are a Lawful Permanent Resident, or in your case, a Conditional Lawful Permanent Resident.  The Green Card comes in the mail AFTER you have used the immigrant visa to enter the US and have also paid the new immigrant fee.

 

Start studying.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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