DACA recipient getting married to U.S. Citizen

[Ale_456 0]

Hi ! I hope everyone finds themselves well. I am new to this Forum and was wondering if anyone could have any tips or suggestions regarding the adjustment of status process for a DACA recipient. 

 

Some background: 

 

I have been DACA since it's inception in 2016.  I have not accumulated any illegal presence in the United states. Clean record, driving record, no criminal record, great school record. Not even a traffic ticket is under my name. I am a graduated college student (21 years of age). My fiance is a college student who is finishing up her Master's degree (22 years of age). She is an America Citizen (born in Tampa). We have been together for 2 years and a half. 

 

I sort of understand the adjustment of status process, however, my Fiance's family situation is not the greatest. Her mom is sort of controlling of her finances and has been declaring her as a dependent since she was in college (my Fiance does not live with her, get money from her, is not even on her health insurance). We are planning on getting married this month or the next and we are worried that her mom claiming her as a dependent on her taxes for 2021 will look bad when we apply for my adjustment of status. I know USCIS is very attentive and can be suspicious of any tiny little thing. Should my Fiance file as an independent for 2021 and not be claimed as a dependent? Is that the safest route? Or would it not matter at all? 

 

I would appreciate any tips or suggestions. We are trying to get a lawyer, but the office we were looking into and trust, does not have availability until March 1st for these types of cases. 

 

Thank you once again. 

[Boiler 45,486]

How did you enter?

[milimelo 4,477]

Fiancée should notify her mom that she will be filing her own taxes this year so mother doesn’t claim her as a dependent. 
 

Why isn’t the fiancée managing her own finances at this age? 

[Ale_456 0]

@Boiler : I entered through a Visa (I came here with my parents when I was 2 years old. Never been outside of the U.S. Overstayed my Visa.) 

 

@milimelo: It is a complicated situation between her and her mother. I do not agree with how the mother has a hold of her financially, and it has been a discussion we have onboarded. Apparently the mother gets credits (since she is a college student) that helps with her bills and whatnot. My Fiancee does not want to take that away from her. But I also do not feel that it would be wise to let her continue be a dependent when we are onboarding this delicate process of a status adjustment. 

[SteveInBostonI130 3,434]

Maybe I am missing something, but I do not see how the tax filings for your fiance or her mom has any impact to the legitimacy of your relationship.

 

For the I-864 that your soon to be spouse needs to file, she has to declare that she filed taxes the previous 3 years (or explain why she didn't) and show the most recent tax return (2nd and 3rd years are optional).  If not using a joint sponsor, she will need to show qualifying income and/or assets.  How she filed and what deductions she claimed is not considered, as far as I understand.

 

After you marry, she will need to file as MFS or MFJ in her 2022 taxes next year, if you marry this year.

 

The tax thing you describe is more of a personal finance issue to be resolved privately.

 

[Ale_456 0]

@steveinBoston130: Thank you so much for your answer!  I totally understand. And you are completely right (the tax thing is something that has to be resolved privately, and it will be). I also questioned if it mattered or not. However, things with USCIS recently has been ridiculously hard. I have had family members do an adjustment of status and they questioned absolutely everything (including their taxes and the reasoning behind the way they did it). For understandable reasons, USCIS is being highly suspicious of any sign of visa/marriage fraud.  Our relationship is honest and true,  but we also do not want to leave room for any doubt or suspicion of any type. 

 

Which is why we are stuck and worried about her still being a dependent and if it may trigger red flags. 

 

 

[Boiler 45,486]

Nothing happens until you marry and the you have a long wait