Deferred Action for Childhood Arrival (DACA) and marriage

[hukyouk 0]

What are the steps to gain citizenship if I am currently in the US with DACA and the person I will be marrying (US Citizen) is in the US as well?

How is this process any different compared to the marriages of the non citizen being outside the US? I'm assuming I will be able to skip the process of having to get a finance visa? I am not a permanent resident either btw.

Thanks!

[baron555 934]

Deferred action is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time.

[Transborderwife 4,666]

Get permanent residency first. After 2 years you can ROC and get a 19 yr greencard. Then after 3 years of your permanent residency you can become a citizen if you're still married to your petitioner. You can aos in country depending on how you were brought here as a child.

Edited April 28, 2016 by Transborderwife

[hukyouk 0]

Yes that's true, but once I get married, I am aware that my spouse can file a Form I-130 on my behalf which will grant me permanent residence. If that is the case, would I just need to wait 3 years before I can apply for US Citizenship?

[Transborderwife 4,666]

Yes. As long as you are still married but you must remove conditions after 2 years first. And you need an i130 and i485. Take a look at the aos guides

Edited April 28, 2016 by Transborderwife

[hukyouk 0]

Sorry I am not familiar with ROC or AOS. Could you explain please?

Get permanent residency first. After 2 years you can ROC and get a 19 yr greencard. Then after 3 years of your permanent residency you can become a citizen if you're still married to your petitioner. You can aos in country depending on how you were brought here as a child.

[Merrytooth 5,748]

DACA - did you enter the country legally and overstay?

If yes, you can file I-130 / I-485 concurrently.

If you EWI, then you need to file a I-601A waiver, after approval you will need to go home for consular processing.

Some suggest that one filed for Advanced parole, re-enter US with inspection and adjust status.

[Transborderwife 4,666]

http://www.visajourney.com/content/i130guide2

[TBoneTX 45,591]

Thread is moved from the K-1 Process forum to the DACA forum.

[hukyouk 0]

Yes, I entered legally and overstayed.

How straightforward is it to concurrently apply for the I-130 and I-485? Would I need to hire an attorney or anything?

DACA - did you enter the country legally and overstay?

If yes, you can file I-130 / I-485 concurrently.

If you EWI, then you need to file a I-601A waiver, after approval you will need to go home for consular processing.

Some suggest that one filed for Advanced parole, re-enter US with inspection and adjust status.

[Transborderwife 4,666]

Providing that you have some sort of proof of legal entry it's fairly straightforward

[Merrytooth 5,748]

Yes, I entered legally and overstayed.

How straightforward is it to concurrently apply for the I-130 and I-485? Would I need to hire an attorney or anything?

If you have no criminal records, straightforward case:

Just follow the guide here

http://www.visajourney.com/content/i130guide2

Take your time to read through the forms instructions before filing.

[hukyouk 0]

I have my passport (my last point of entry to the US) with the proper stamp.

Also, as I apply, would getting the I-765 be a better alternative to the DACA?

Providing that you have some sort of proof of legal entry it's fairly straightforward

[Transborderwife 4,666]

Yes. We don't know what will happen with DACA after the election so I definitely would.

[hukyouk 0]

That is a very good point! Thank you and thank you all for helping!

Yes. We don't know what will happen with DACA after the election so I definitely would.