Adjustment of Status from DACA

[Carlitos4life 0]

This is my first post on the forum and Im getting a lot of good information!

 

Im currently working on adjustment of status form I-485 and had a few questions--

I have DACA. Im married to a US CItizen, and was paroled into the US via Advanced parole. 

 

1) Do I still need to include and affidavit of support if I have 40 working credits with SS? If no, does this mean I can leave out all proof of income (tax docs, paystubs)?

 

2) Is it okay to leave blanks under one of the parents names field if they are not present?

 

3) Does unlawful presense matter during this application if I've already came back with advanced parole?

 

4) Has my current immigration status changed since I've been paroled back in while under DACA? (I currently have DA Deferred action typed on the application)

 

5) Do I need to include address and last school I attended outside of the US, even if it was over 20 years ago?

 

6) A question asks if I've EVER enter the US without being admitted or paroled. Not sure what the answer should be since I came in as a kid without inspection.

 

7) One of the questions asks if Im applying for adjustment of status on INA section 245(i). Not really sure what this means or how I should answer that.

 

THANKS!

Edited Thursday at 08:36 PM by Carlitos4life
typo

[K1visaHopeful 2,849]

Post has been moved to the likely appropriate forum (Deferred Action for Childhood Arrivals (DACA)) as you've posted in the K1 AOS forum (which you are not a K1).

 

Please fill out your blank VJ timeline in reciprocity. Your timeline stats help everyone while we help you. A blank one helps no one.

[Boiler 45,729]

You do not need to be sponsored and 245 does not apply otherwise answer the questions as written

[Family 4,064]

4 hours ago, Carlitos4life said:

This is my first post on the forum and Im getting a lot of good information!

 

Im currently working on adjustment of status form I-485 and had a few questions--

I have DACA. Im married to a US CItizen, and was paroled into the US via Advanced parole. 

 

1) Do I still need to include and affidavit of support if I have 40 working credits with SS? If no, does this mean I can leave out all proof of income (tax docs, paystubs)?

 

2) Is it okay to leave blanks under one of the parents names field if they are not present?

 

3) Does unlawful presense matter during this application if I've already came back with advanced parole?

 

4) Has my current immigration status changed since I've been paroled back in while under DACA? (I currently have DA Deferred action typed on the application)

 

5) Do I need to include address and last school I attended outside of the US, even if it was over 20 years ago?

 

6) A question asks if I've EVER enter the US without being admitted or paroled. Not sure what the answer should be since I came in as a kid without inspection.

 

7) One of the questions asks if Im applying for adjustment of status on INA section 245(i). Not really sure what this means or how I should answer that.

 

THANKS!

1. You need to submit I-864 W along with PEBES report/record from Social Security that shows 40 credits .

 

2. If a biological parent is listed on your birth certificate, then copy that name. If only one parent is listed and you don’t know the other parent or any details, then put UNK ( unknown). Do not leave blanks ..try using either N/A or UNK

 

3. ULP is ok as you are immediate relative 

 

4. put DACA

 

5. You can do Unkn 

 

6. YES you did enter without inspection which means without being “ admitted “ , this was the 1st entry.

 

7. Say NO to 245(i) question 

[Demise 1,304]

16 hours ago, Carlitos4life said:

This is my first post on the forum and Im getting a lot of good information!

 

Im currently working on adjustment of status form I-485 and had a few questions--

I have DACA. Im married to a US CItizen, and was paroled into the US via Advanced parole. 

 

1) Do I still need to include and affidavit of support if I have 40 working credits with SS? If no, does this mean I can leave out all proof of income (tax docs, paystubs)?

 

2) Is it okay to leave blanks under one of the parents names field if they are not present?

 

3) Does unlawful presense matter during this application if I've already came back with advanced parole?

 

4) Has my current immigration status changed since I've been paroled back in while under DACA? (I currently have DA Deferred action typed on the application)

 

5) Do I need to include address and last school I attended outside of the US, even if it was over 20 years ago?

 

6) A question asks if I've EVER enter the US without being admitted or paroled. Not sure what the answer should be since I came in as a kid without inspection.

 

7) One of the questions asks if Im applying for adjustment of status on INA section 245(i). Not really sure what this means or how I should answer that.

 

THANKS!

1. Check page 8, part 3, box 1.a. and include a printout of statements from the SSA as proof that you have those 40 credits and are exempt from the affidavit of support requirements. Also include I-864W requesting the same just in case. I'm not sure they want it or not but it's a short form.

You do not have to file I-864 or provide tax documents.

2. No, put those names in. Only real case where you can skip the names is where the identity of the parent(s) is unknown like your father is unknown or you were found abandoned and then raised in an orphanage. Hadn't seen my father in like 25 years, still did list him.

3. No, unlawful presence is not a factor in adjustment via marriage to a US Citizen. Nor is it a factor when traveling out advance parole due to Matter of Arrabally.

4. It's a tough question since strictly speaking neither DACA nor parole is a concrete legal status. Just write in DACA.

5. Yep, it's dumb but if they want it then do provide it.

6. Answer to that one is yes. It's a question really meant to weed out those with multiple EWIs where the permanent bar triggers.

7. No, that's an old provision letting one adjust after EWI or violating status in any category if petitioned before April 30, 2001.

Edited yesterday at 12:52 PM by Demise

[Carlitos4life 0]

Thanks for all that information. Im have now completed all my forms. and doing the final checks to file.

I-845

i-130

i-130A

i-765

i-765W

 

Is it okay if I write stuff into the fields with a pen AFTER I've printed 90% of the application on adobe?

 

What kind of evidence should I include? Will including too much evidence be a bad thing?

[Carlitos4life 0]

Actually there is another question that is causing me confusion. 

 

Item 10 "Immigration history" asks--

 

If you last entered the US with a passport or travel document  please provide the following:

passport

passport id

passport exp

 

nonimmigrant visa 

nonimmigrant visa exp

 

I enter the passport that was stamped during my advanced parole, but not sure if I should add my DACA or my AP doc as a nonimmigrant visa or if I should just leave this blank.

 

thanks

[Family 4,064]

4 hours ago, Carlitos4life said:

Thanks for all that information. Im have now completed all my forms. and doing the final checks to file.

I-845

i-130

i-130A

i-765

i-765W

 

Is it okay if I write stuff into the fields with a pen AFTER I've printed 90% of the application on adobe?

 

What kind of evidence should I include? Will including too much evidence be a bad thing?

Assuming typo and you meant I-485

 

Do not send in I-765 W worksheet is only for DACA….so only I-765 w a C 09 category. ..and make sure you do not say “renewal “ ..even though you may have current work permit w DACA. 
 

Make sure you have sealed medical exam (I-693)

 

Yes, send everything and the kitchen sink to prove up your marriage…even if assets /liabilities are owned solo, statements should reflect shared address.

[Family 4,064]

4 hours ago, Carlitos4life said:

Actually there is another question that is causing me confusion. 

 

Item 10 "Immigration history" asks--

 

If you last entered the US with a passport or travel document  please provide the following:

passport

passport id

passport exp

 

nonimmigrant visa 

nonimmigrant visa exp

 

I enter the passport that was stamped during my advanced parole, but not sure if I should add my DACA or my AP doc as a nonimmigrant visa or if I should just leave this blank.

 

thanks

You can add the AP ..and make sure to include copies .

It’s ok to hand write additional info, but don’t crowd fields, so a better option is to put additional info on last page of form 

 

Make a complete copy of ALL forms /docs exactly as filing …and since you have not sent it in yet…try doing the I-130 ONLINE. They will process everything faster as they are pushing hard to ho all digital. You upload evidence of joint life .

‘Once you successfully do the online I-130 . you get an immediate case # , so print receipt and include w i-485. It counts as concurrent filing 

And you MUST complete the I-864 W w proof of SS credits