AOS for DACA recipient through marriage ?

[Albertobeltran 2]

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 

[Boiler 46,356]

How did you enter? Were you inspected?

[Albertobeltran 2]

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 

[Boiler 46,356]

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

[trac3rt 71]

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!

 

[Albertobeltran 2]

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 ? 

[trac3rt 71]

39 minutes ago, Albertobeltran said:

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 ? 

You'll need to submit both I-130 & I-130A

[millefleur 5,047]

**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**

[pushbrk 13,244]

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.

 

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