DACA - Getting married and getting US Citizenship

[Joe Kano 327]

If you get married in the USA and one person is US citizen and other is DACA.  How long do you have to wait to file for Citizenship?

 

If you get a divorce do you have a longer wait time? 

[arken 4,197]

24 minutes ago, Joe Kano said:

If you get married in the USA and one person is US citizen and other is DACA.  How long do you have to wait to file for Citizenship?

 

If you get a divorce do you have a longer wait time? 

Need to get the permanent residency first then only talk about citizenship. I believe one cannot file for AOS, need to leave the US and file for immigrant visa.

 

If one is able to get the GC, then 3 years after that or 5 years if divorced to be able to file for citizenship.

 

 

Edited June 28, 2021 by arken

[Joe Kano 327]

18 hours ago, arken said:

Need to get the permanent residency first then only talk about citizenship. I believe one cannot file for AOS, need to leave the US and file for immigrant visa.

 

If one is able to get the GC, then 3 years after that or 5 years if divorced to be able to file for citizenship.

 

 

yes, I agree has to get permanent residency and then after greencard it 3 or 5 years depending on if still married or divorced 

[Karla PM 1]

On 6/28/2021 at 10:34 AM, Joe Kano said:

If you get married in the USA and one person is US citizen and other is DACA.  How long do you have to wait to file for Citizenship?

 

If you get a divorce do you have a longer wait time? 

You can file immediately ! 

Just now, Karla PM said:

You can file immediately ! 

If you get a divorce you won’t be able to file anymore. Since your citizen spouse would be the one petitioning for you. 

[Joe Kano 327]

7 hours ago, Karla PM said:

You can file immediately ! 

If you get a divorce you won’t be able to file anymore. Since your citizen spouse would be the one petitioning for you. 

Thanks, that would apply to one of my guys who works for me he is DACA and I was trying to figure out how marriage and getting greencard or Filing for US citizenship would work.

 

Can they DACA person file for a greencard instead of Citizenship, cuz I looked at his EAD card and it says not good for travel outside of the USA. 

[Joe Kano 327]

We got another brother who filed for DACA about 7 months ago, it was his first time to file, and now it is suspended.  His girlfriend moved in with him in the family home, she is US Citizens and he is illegal from Mexico.   If they get married can he get a greencard or EAD or file for citizenship?  Right now in Texas he can't get a SSN, or Driver Licenses and he like age 18.

[HRQX 4,145]

10 hours ago, Joe Kano said:

Can they DACA person file for a greencard

Each case circumstances matter. I.e. how did the DACA recipient last enter the US? how many times did he/she Enter Without Inspection (EWI)? etc

On 6/28/2021 at 8:34 AM, Joe Kano said:

If you get a divorce do you have a longer wait time? 

As in he was previously married to someone else? Or he divorced the US citizen? If the latter, then his marriage-based pathways through that US citizen end (assuming no VAWA type claim by him).

Edited August 12, 2021 by HRQX

[Joe Kano 327]

On 8/12/2021 at 6:12 PM, HRQX said:

Each case circumstances matter. I.e. how did the DACA recipient last enter the US? how many times did he/she Enter Without Inspection (EWI)? etc

He was normal illegal aliens kid, his parents brought him into the country around age 5.  He has never been back to Mexico or left the USA since then.  

 

I

[Joe Kano 327]

On 8/12/2021 at 6:12 PM, HRQX said:

As in he was previously married to someone else? Or he divorced the US citizen? If the latter, then his marriage-based pathways through that US citizen end (assuming no VAWA type claim by him).

My question is:  As of now he is DACA and if he gets married to a US Citizen can he get a greencard instead of filing for US citizenship?  

 

He has never been married

[HRQX 4,145]

1 hour ago, Joe Kano said:

My question is:  As of now he is DACA and if he gets married to a US Citizen can he get a greencard

Not without leaving the US as he would still not be eligible to Adjust Status; i.e. the strict requirement of being "inspected and admitted or paroled" is not met in his case. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 Thus he would need to do consular processing. Depending on when his first Form I-821D was approved and if his DACA was properly renewed then a provisional waiver (Form I-601A) may or may not be needed. https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

1 hour ago, Joe Kano said:

can he get a greencard instead of filing for US citizenship?

Note that the general naturalization process requires getting a GC first: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "LPR at the time of filing the naturalization application." "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization."

 

But if he joins the US armed forces then a GC is not required for that type of naturalization (*also for the military pathway his marital status doesn't matter): https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-3 "The applicant must either be a lawful permanent resident (LPR) or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces: In the United States or its outlying possessions, including the Canal Zone, American Samoa, or Swains Island, or On board a public vessel owned or operated by the United States for noncommercial service." "An applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence." We are currently in the War on Terrorism period of hostility: "September 11, 2001 → Present"

Edited August 14, 2021 by HRQX

[Joe Kano 327]

2 hours ago, HRQX said:

Not without leaving the US as he would still not be eligible to Adjust Status; i.e. the strict requirement of being "inspected and admitted or paroled" is not met in his case. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 Thus he would need to do consular processing. Depending on when his first Form I-821D was approved and if his DACA was properly renewed then a provisional waiver (Form I-601A) may or may not be needed. https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

Note that the general naturalization process requires getting a GC first: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "LPR at the time of filing the naturalization application." "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization."

 

But if he joins the US armed forces then a GC is not required for that type of naturalization (*also for the military pathway his marital status doesn't matter): https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-3 "The applicant must either be a lawful permanent resident (LPR) or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces: In the United States or its outlying possessions, including the Canal Zone, American Samoa, or Swains Island, or On board a public vessel owned or operated by the United States for noncommercial service." "An applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence." We are currently in the War on Terrorism period of hostility: "September 11, 2001 → Present"

He not gonna to join the US Military, he has a career already, so that's out.

 

So to cut to the chase if he gets married in the USA he can then only get a Citizenship with marriage, so it seems. Greencard is out the question since his house is in Texas.

[HRQX 4,145]

4 hours ago, Joe Kano said:

So to cut to the chase if he gets married in the USA he can then only get a Citizenship with marriage, so it seems.

No. As already mentioned above in different posts, he would first need a GC and continuous residence for the requisite time with that GC before starting the general naturalization process.

4 hours ago, Joe Kano said:

Greencard is out the question since his house is in Texas.

Although for the GC process he'll have to interview outside of the US, the time spent outside of the US is usually limited. Cases tend to just spend 2 to 3 weeks outside the US for the Panel Physician medical and the Immigrant Visa interview, etc. But some cases end-up spending months outside the US before returning with Immigrant Visa because of extended Administrative Processing.

Edited August 14, 2021 by HRQX

[Joe Kano 327]

16 hours ago, HRQX said:

No. As already mentioned above in different posts, he would first need a GC and continuous residence for the requisite time with that GC before starting the general naturalization process.

Although for the GC process he'll have to interview outside of the US, the time spent outside of the US is usually limited. Cases tend to just spend 2 to 3 weeks outside the US for the Panel Physician medical and the Immigrant Visa interview, etc. But some cases end-up spending months outside the US before returning with Immigrant Visa because of extended Administrative Processing.

Interesting, other poster on this thread said if you get married  you can file immediately for Citizenship. And you are stating he would have to leave the USA for that.  

 

Leaving USA would be very expensive in having to find a place to live in a strange country, quitting your job in the USA or taking off for a weeks or even months.   Then the expense of coming back to USA if you are denied.  

 

Sounds better to stay in USA with a DACA card and maybe file for Advance Parole 

[HRQX 4,145]

10 minutes ago, Joe Kano said:

Interesting, other poster on this thread said if you get married  you can file immediately for Citizenship.

The first sentence in Karla's post was 100% incorrect. She is currently inside of the US and married to a US citizen and she obviously is not a US citizen. She has applied for a provisional waiver (Form I-601A) before she leaves the US for consular processing:

 

The post with correct info is @arken's: "Need to get the permanent residency first then only talk about citizenship."

 

Also, click and read the link to the USCIS official Policy Manual: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "LPR at the time of filing the naturalization application." "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization."

Edited August 15, 2021 by HRQX

[kcoyclay1 98]

On 8/12/2021 at 8:45 AM, Joe Kano said:

We got another brother who filed for DACA about 7 months ago, it was his first time to file, and now it is suspended.  His girlfriend moved in with him in the family home, she is US Citizens and he is illegal from Mexico.   If they get married can he get a greencard or EAD or file for citizenship?  Right now in Texas he can't get a SSN, or Driver Licenses and he like age 18.

If he’s illegal as in not having legal documents such as a visa to enter US thorough border inspection he will be denied. 

Edited September 30, 2021 by kcoyclay1
Correction to word