AOS and Deferred Action, HELP!

[DD09 0]

Alright so I qualified for the Deferred Action (DACA Program) and immediately applied, the first day it was active, i sent in my packet. 4 weeks after, I went to the closest ASC to get my fingerprints and pictures taken. That was over a month ago. So far it's been a bit over two months and no sign of even being approved for that program. Apparently thousands upon thousands of people applied and as of this morning only about 4.5 thousand applications have been approved...

So that brings me to this forum. I would like to send in my AOS packet. (I came here on a tourist visa.) My husband is an American citizen and has since been wanting to sponsor me but after hearing about the Deferred Action plan, I decided to take matters into my own hands and obtain a work permit first then later on do the AOS for a full greed card. (We've been married over a year, and only our parents and super close friends know about our marriage. His parents insisted we keep it out of the public because the rest of his family can be really judgmental especially because we're only 22.) So yeah, to avoid family drama and immigration officers snooping around, I opted for the deferred action for the time being.

Now I am regretting that decision. After speaking with a USCIS rep this morning, it seems it could take about 6 more months before I even get approved. I have earned a degree that I would very much like to put to use as soon as possible. Being a full time house wife is getting lame, especially at my age, lol. So that brings me to my question. Is it a good idea to go ahead and apply for the AOS even though I have a pending application for Deferred Action. Keep in mind, both packets include a petition for work authorization so it's a little tricky.

If anyone has any comments of advice, please feel free.

Thank you.

[skylarroxxs 0]

Alright so I qualified for the Deferred Action (DACA Program) and immediately applied, the first day it was active, i sent in my packet. 4 weeks after, I went to the closest ASC to get my fingerprints and pictures taken. That was over a month ago. So far it's been a bit over two months and no sign of even being approved for that program. Apparently thousands upon thousands of people applied and as of this morning only about 4.5 thousand applications have been approved...

So that brings me to this forum. I would like to send in my AOS packet. (I came here on a tourist visa.) My husband is an American citizen and has since been wanting to sponsor me but after hearing about the Deferred Action plan, I decided to take matters into my own hands and obtain a work permit first then later on do the AOS for a full greed card. (We've been married over a year, and only our parents and super close friends know about our marriage. His parents insisted we keep it out of the public because the rest of his family can be really judgmental especially because we're only 22.) So yeah, to avoid family drama and immigration officers snooping around, I opted for the deferred action for the time being.

Now I am regretting that decision. After speaking with a USCIS rep this morning, it seems it could take about 6 more months before I even get approved. I have earned a degree that I would very much like to put to use as soon as possible. Being a full time house wife is getting lame, especially at my age, lol. So that brings me to my question. Is it a good idea to go ahead and apply for the AOS even though I have a pending application for Deferred Action. Keep in mind, both packets include a petition for work authorization so it's a little tricky.

If anyone has any comments of advice, please feel free.

Thank you.

Quick question can you apply for AOS under a tourist visa after accruing illegal time ? Or did you come here under a tourist visa and got married while your approved i-94 time?

[VanessaTony 3,567]

Quick question can you apply for AOS under a tourist visa after accruing illegal time ? Or did you come here under a tourist visa and got married while your approved i-94 time?

Irrelevant. Overstay doesn't matter for the spouse of a USC. It DOES matter if she entered illegally, which she doesn't say she did.

[VanessaTony 3,567]

You can't have 2 applications at the same time that aren't related (from my understanding) so to file for AOS you will need to either:

1. wait for the Deferred action; or

2. cancel the application and apply for AOS instead.

I'd go for #2 if you're confident in your relationship. Once you apply for AOS based on marriage your application would be tied to that marriage. Your GC would be received based on that marriage. If you've been married more than 2 years you'll get a 10 year card, if married less than 2 then you'll get a 2 year card and need to file for removal of conditions (ROC) before that 2 year card expires, together with your husband. If you're not together anymore then you need to file for ROC for yourself based on a bonafide marriage.

Waiting for deferred action doesn't really make sense in your situation (spouse of a USC) because it doesn't really make you "legal", it just makes you able to work and you need to keep renewing it. It doesn't actually give you a greencard. I would go with option #2 myself.

[DD09 0]

you answered my question directly, thank you.

DACA sounded less complicated but it I think i made the wrong desicion..

[VanessaTony 3,567]

you answered my question directly, thank you.

DACA sounded less complicated but it I think i made the wrong desicion..

These things happen. We aren't perfect. You made the choice that was right for you at the time. That and filing for the GC probably is more complicated, and most likely more expensive, but the end result is worth it (in my opinion). You will be LEGAL. Able to work, able to travel. Able to become a USC when the time comes and if you want to. You will feel a lot safer in your life here.

Look at the guides here and what's involved with applying for AOS with your husband. Let your DACA stuff process in the meantime while you research it. Then once you've got everything together and are ready to proceed, maybe your DACA stuff will be complete, or you can just cancel it.

There are financial requirements that your husband needs to meet to sponsor you (a minimum income based on household size per the I-864). The fee to file the I-130 and I-485 together is $1490 ($1070 for the I-485 and $420 for the I-130). You will also need to see a doctor and have the necessarily checks and immunisations that you're missing. Sometimes this is quite expensive. You also might need some time to gather your birth certificate and marriage certificate and anything else you might require to file.

Good luck!

Edited October 15, 2012 by Vanessa&Tony

[skylarroxxs 0]

Thanks for clarifying it for me