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PaulinePantsUp

EWI in 2001 as 9 yr old, now getting married to a USC as a DACA holder. A few questions...

By PaulinePantsUp in Deferred Action for Childhood Arrivals (DACA)

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PaulinePantsUp Newbie

PaulinePantsUp   0

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Hello all, I am a long time lurker here but am finally posting to ask some questions.
My parents and I came to the US by literal border jumping. My parent first snuck into the US and one year later, me and my brother were literally smuggled in a car trunk...not the proudest thing my parents did, but I gain nothing from blaming them. I was 9 yr old in 2001 when I was smuggled in .
Fortunately, I found an American sweetheart and we love each other dearly. But I know that me being on DACA poses a significant challenge. I read plenty posts here but I still intend to hire a lawyer for this because I am not confident at all in doing this alone. So here are the questions.
  1. Will I be required to file I601A waiver? I have had DACA with no lapse in the period.
  2. When applying for marriage based from green card as a DACA holder, are the threshold of proof of bona fide marriage any higher than, or equal to, less complicated situations such as legally present foreigners marrying USC or a visa overstayer marrying USC ?
  3. What would be the average lawyer cost in this? I am in Fort Worth TX area.
Thank you.
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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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DACA allows you to get AP and get a legal entry and then you can adjust.

 

$5k? I think I have seen fees in that range.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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1 minute ago, PaulinePantsUp said:

Thank you everyone for the answers. 

 

From what I see in the USCIS, they are still accepting AP application. I guess I can apply for one, hopefully get approved, then use it to travel wherever I want for a short period (even a day) and come back with the AP? 

Yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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nastra30 Experienced

nastra30   2,284

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Filed: IR-1/CR-1 Visa Country: Ghana
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5 hours ago, PaulinePantsUp said:

Thank you everyone for the answers. 

 

From what I see in the USCIS, they are still accepting AP application. I guess I can apply for one, hopefully get approved, then use it to travel wherever I want for a short period (even a day) and come back with the AP? 

Yup, that should be the plan.

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TBoneTX Grand Master

TBoneTX   45,259

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Filed: Citizen (apr) Country: Ecuador
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Please return to this thread to explain how your lawyer advised you to proceed.  The information may help others.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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There are VJ guides  on adjusting, I appreciate some people prefer to use a Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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