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EB&Flow

We’re married, she’s a DREAMer, how does she gain citizenship without having to go back?

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We have been married for 8 months, she is a DACA recipient and we want to begin the process. I think I’m going to be grateful to have found this forum. Can anyone with experience in the realm help us?? I believe I file affidavit of support, and then we’re just have no idea where to go from there or if we should be sending other paperwork at the same time. If anyone has any suggestions, or could tell me how to do this inhumane process, I would be forever indebted to your kindness. 

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Please read the guides. They are at the top of the page.

 

you can also search for Daca on the search bar and read others experiences 

 

good luck


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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How did she enter?


“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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Posted (edited)
1 hour ago, EB&Flow said:

Can anyone with experience in the realm help us??

It depends; how did she enter the US? If she entered legally then it's straightforward: https://www.visajourney.com/content/i130guide2/

 

If not, then she needs an approved I-601A and do consular processing:

-------------------------------

Approved DACA does not have a path, by itself, to a green card. A green card is a prerequisite for US citizenship.

Edited by HRQX

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It's do able, but it's a long process and more complex by having DACA, but still do able. But no where near citizenship yet.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif     giphy.gif

 

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Posted (edited)

How she entered is the biggest item.

Then would be when she started getting DACA and her age at the time.

Failing those 2 items positively, the process would require a provisional waiver, assuming her lack of status was her only issue.

 

Edit: And citizenship is likely at least 4 years away. Possibly longer.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 minutes ago, EB&Flow said:

She entered illegally, was brought here when she was 2 years old in ‘98!!

How old was she when she got DACA? Did she maintain DACA the entire time through now?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 minutes ago, geowrian said:

How old was she when she got DACA? Did she maintain DACA the entire time through now?

2 years old was when she was brought here. And as long as the program has existed, she’s had it. And I think she’s lived here long enough to where she shouldn’t have to go back, I think. But everything I read turns us around. Obviously they don’t want it to be straight forward because this government has a tendency to reject and repulse diversity. And it seems like lawyers just throw us around further. Is it true that we should wait 2 years before trying? Seems crazy to me. We’ll wait as long as we must, and jump through as many hoops as they decide. But I just want to do it right the first time without having to do extra. 

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Posted (edited)
10 minutes ago, EB&Flow said:

Is it true that we should wait 2 years before trying?

I don't see a benefit in waiting. The game plan then would be risky:

------------------------

IMO, she should seek the I-601A route now instead of doing the above.

Edited by HRQX

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Posted (edited)
47 minutes ago, EB&Flow said:

2 years old was when she was brought here. And as long as the program has existed, she’s had it. And I think she’s lived here long enough to where she shouldn’t have to go back, I think.

Gotcha.

She doesn't appear to qualify for INA 245(i) relief unless there's specific circumstances not mentioned here. None of which are specific to you being in the picture. See https://www.uscis.gov/sites/default/files/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf.

 

As such, she will need to do consular processing abroad to get the visa. This means leaving the US temporarily.

That said, unlawful presence doesn't accrue until age 18. It also does not accrue while covered by DACA. So if she's had DACA since the start of age 18, then she won't have a bar for unlawful presence when she leaves the US. That's good...no need for an I-601A waiver.

But confirm the dates first! You don't want to find out later that she actually had 181+ days of unlawful presence, and have to file an I-601 waiver abroad. That takes much longer and should usually be with the assistance of an attorney to present a good hardship case.

 

Quote

But everything I read turns us around. Obviously they don’t want it to be straight forward because this government has a tendency to reject and repulse diversity. And it seems like lawyers just throw us around further.

This has absolutely nothing to do with her case.

The process is normally straightforward. It gets more complex when there are unusual factors, such as those in her circumstances. She's honestly fortunate to likely not even need a waiver.

 

Quote

Is it true that we should wait 2 years before trying? Seems crazy to me. We’ll wait as long as we must, and jump through as many hoops as they decide. But I just want to do it right the first time without having to do extra. 

Why wait 2 years...? For what?

I'm guessing to avoid ROC? I wouldn't delay anything....DACA coverage could go away then she will need a waiver (or to leave before the case is ready at the consulate). ROC is annoying but not something I would ever suggest delaying the process for. Things happen. Do what you can do now while there is a clear path.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Basically you have 2 options, you educate yourself on the process or pay a Lawyer to do it for you.

 

I can not be certain as to exactly what needs to be done, insufficient information, not sure why you think a rant helps.


“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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6 hours ago, EB&Flow said:

2 years old was when she was brought here. And as long as the program has existed, she’s had it. And I think she’s lived here long enough to where she shouldn’t have to go back, I think.

Please do not fall into the trap of trying to fight the current policy instead of taking necessary action. So often, too many people in situations like this fight based on what the wish things should be instead of working through the current law and policies. There is plenty of time to advocate for DACA recipients and what you think needs to change for immigrants that have been here so long AFTER your spouse has gained legal permanent residency. For now,  do what you need to do in order to get her the proper status.

 

Quote

jump through as many hoops as they decide. But I just want to do it right the first time without having to do extra. 

This is good. You are showing that you are willing to do what it takes for your loved one. It may suck but the end goal is worth it. Even if your spouse may need to return to her birth country for a brief period it will only be temporarily, and she will be reunited with you a legal resident.

 

Remember this... it doesn't matter how long she has been here. This is an argument many immigrants that were deported loss. You wife may still be subject to being removed if her DACA were to end or any of the conditions under her DACA status are broken. Length of time in the US, even if the immigrant was too young during the illegal entry, does not guarantee a right to citizenship.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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