DACA- Anyone married to a US Citizen and gone through change of status?! My Story BELOW

[N_O201774 1]

My Story:

I came here Legally at age 4/5 on a tourist visa with my parents. We just over stayed the time we were given to stay.

Fast forward to 2014, I graduated high school, started dating my now husband and went on DACA. 

Fast forward to 2018, I've renewed DACA about twice now, graduated college and have a steady job. I got married to my husband last year in 2017. 

A little info about my husband, he is a american citizen that is in the Army National Guard. Together we filed the I-130, I-485 and I-601 (recommended by someone, just in case) 

We sent in the paperwork together in April of 2018 and we are wondering what the process is from here on out. How long it took for others and if this is a relative simple process?

 

Has anyone gone through something similar? What are some tips? We hope we filed the correct forms. Everyone's story is different and I respect that, I only want positive words and advice. Just trying to understand this process a little better.

Thank you all. 

 

[Roel 7,193]

The process takes about 12 to 14 months. It's pretty straight forward process. All you have to do is wait. 

[trac3rt 71]

I am thinking you did not need to file the I-601 document, since you came legally into the states.

Usually, you would need to file the i-130 and I-485 (together). Or, the I-130 and wait for it to get accepted, then submit the I-601a form.

Since you're not going to consular proceedings, I am pretty sure you did not need to file the I-601 or I-601a form. This form is so you don't trigger the 3 or 10 year bar when you go pick up your visa in your home country. However, since you also files the I-485 (adjustment of status) in the country, it means that you wont need to go through the visa process. That could confuse the hell out of USCIS.

Check with a lawyer. I wonder how USCIS will handle that.

You may also visit:
http://dreamact.info/forum/showthread.php?t=73968

That forum is full of individuals going from DACA to Adjustment of Status (AOS).

Edited May 3, 2018 by Migg

[nightingalejules 678]

This is an interesting case - I hope all goes well for you! Since you did enter the country legally to begin with (and presumably have never left) then theoretically, you should be able to just file a regular adjustment of status, since (again, theoretically) "overstays" are forgiven when you apply for a spousal AOS. I don't have any particular advice, and I acknowledge that I don't know how your DACA status affects this process... but I wish you all the best and hope that you are approved soon, and can normalize your status after all this time!

[AlluringSoul 185]

Hi,

 

Been there too. Why did file I-601? It is not necessary. Also, did you file to have our EAD renewed? I don't know until when your EAD under DACA is valid but if you are eligible, you should file EAD with your AOS filing. Also, where is your field office? The AOS process depends on the state and city you live in, as some process it faster while others are slow. 

 

And you have nothing to worry about when it comes to DACA and adjusting your status based on marriage. Collect all the evidence you need for your interview. 🙂

[Mgarcia88 3]

You should of apply for aos instead

[price411 68]

There's no need to file the 601. You came in legally.   

[D. Contto 1]

Hello! I have a question based sort of on the same scenario here with a few differences. I have a friend who was brought to US at age 1 (EWI). At age 16 she obtained her DACA and has had her DACA ever since. Last year she married a US Citizen (after a 5 year relationship) and they want to file for adjustment. I have 2 questions: 1) since she was a minor and immediately obtain her DACA it seems she did not accrued "unlawful presence" so, does a waiver I-601 still needed? and 2) Does she still have to adjust via consular proceedings or no "unlawful" presence makes her eligible to adjust in country? My logic is that while under 18 she did not accrued unlawful presence and/or while under DACA. She has never left the country so no "ban" triggered there. Could this be something she can adjust without leaving the country? I realize that DACA generally does not really give any advantage to the petitioner, but being that she has not accrued any unlawful presence does it give her any added benefits. Any thoughts? Thank you!

[trac3rt 71]

16 minutes ago, D. Contto said:

Hello! I have a question based sort of on the same scenario here with a few differences. I have a friend who was brought to US at age 1 (EWI). At age 16 she obtained her DACA and has had her DACA ever since. Last year she married a US Citizen (after a 5 year relationship) and they want to file for adjustment. I have 2 questions: 1) since she was a minor and immediately obtain her DACA it seems she did not accrued "unlawful presence" so, does a waiver I-601 still needed? and 2) Does she still have to adjust via consular proceedings or no "unlawful" presence makes her eligible to adjust in country? My logic is that while under 18 she did not accrued unlawful presence and/or while under DACA. She has never left the country so no "ban" triggered there. Could this be something she can adjust without leaving the country? I realize that DACA generally does not really give any advantage to the petitioner, but being that she has not accrued any unlawful presence does it give her any added benefits. Any thoughts? Thank you!

1) No, she will not need the I-601A waiver

2) Yes, she still needs to leave the US and go to her home country for a vista interview

 

Have her talk to a lawyer!

Edited August 15, 2019 by trac3rt

[Boiler 46,278]

She can not adjust as she has no status to adjust from.

[Pedro&Dylan 1]

So I too was on DACA and left the u.s do to my mom being sick. My fiance and I applied for a k1 visa and at the interview I was told I triggered the 3 year bar do to unlawful presence from the time I turned 18 to 20 when I received my DACA. My question is does my time start when I crossed over to Mexico or the day the consulate gave me the blue paper at my interview?! Is a 601 even an option? Thank you anything will be helpful. 

[D. Contto 1]

27 minutes ago, Boiler said:

She can not adjust as she has no status to adjust from.

Thanks for answering! What do you mean she cannot adjust. Aside from DAC, she is married to US Citizen. 

[D. Contto 1]

14 minutes ago, Pedro&Dylan said:

So I too was on DACA and left the u.s do to my mom being sick. My fiance and I applied for a k1 visa and at the interview I was told I triggered the 3 year bar do to unlawful presence from the time I turned 18 to 20 when I received my DACA. My question is does my time start when I crossed over to Mexico or the day the consulate gave me the blue paper at my interview?! Is a 601 even an option? Thank you anything will be helpful. 

Thank you! At what age did you received your DACA? Was it while you were under 18 or after you turned 18?

[Crazy Cat 42,563]

1 hour ago, D. Contto said:

Hello! I have a question based sort of on the same scenario here with a few differences. I have a friend who was brought to US at age 1 (EWI). At age 16 she obtained her DACA and has had her DACA ever since. Last year she married a US Citizen (after a 5 year relationship) and they want to file for adjustment. I have 2 questions: 1) since she was a minor and immediately obtain her DACA it seems she did not accrued "unlawful presence" so, does a waiver I-601 still needed? and 2) Does she still have to adjust via consular proceedings or no "unlawful" presence makes her eligible to adjust in country? My logic is that while under 18 she did not accrued unlawful presence and/or while under DACA. She has never left the country so no "ban" triggered there. Could this be something she can adjust without leaving the country? I realize that DACA generally does not really give any advantage to the petitioner, but being that she has not accrued any unlawful presence does it give her any added benefits. Any thoughts? Thank you!

She has never had legal status in the US......thus no legal status from which to adjust......imo.

[Crazy Cat 42,563]

7 minutes ago, D. Contto said:

Thanks for answering! What do you mean she cannot adjust. Aside from DAC, she is married to US Citizen. 

Neither DACA nor marriage to a US citizen grants any legal status.

Edited August 15, 2019 by missileman