Re: Daca recipient married to a H1b holder
 

if you overstayed you visa, I think the path of least resistant will be wait until your wife got the citizenship, and then file for AOS for you, probably will take about 6 - 7 years. Current I-130 for green card holder to peitition spouse is about 5 years, and I heard the I-601A is taking about 4 years. Unless your are entered in with a visa category that does not allowed you to adjust with a USC spouse, I will just wait until your wife get citizenship, and then file i485.

Re: Daca recipient married to a H1b holder
 

thank you for your input, I just checked here:
https://egov.uscis.gov/processing-times/

it takes about 42 months. It's much longer than I expected. what do you guys think about the recent
DACA->H1b route, it takes about 3-4 years to get green card, is this something worth trying, if the perm or i485 don't get approved, do you lose your DACA status ?

Re: Daca recipient married to a H1b holder
 

well, I don't think there is a path right now for DACA -> H1B officially. We will need to wait until the detail language show up to know more about it.

Re: Daca recipient married to a H1b holder
 

I mean you can try but considering that we've had people here who had issues proving their parent's physical presence in US when they submitted literally the same documentation the parent did taken from a FOIA. I'm just not sure how well trying to re-argue a 25 year old I-140 denial will go, especially that you know, good luck getting documents that old. Like listen, if you want to try, go ask some lawyers if they can land this plane, personally I'm skeptical.

Regarding the I-601A:
It can be used for any immigrant petition.
You need a qualifying relative: USC/LPR, Spouse/Parent. You can have multiple. Qualifying relative can but does not have to be the sponsor.
Since you're both Chinese (unless wife was born in Hong Kong, or Macau, or you're sleeping on the couch tonight for implying that Taiwan is a part of China) then yeah you likely won't get to skip the line.

So yes, it is something that can be done, spouse gets petitioned in a category that allows derivatives and adjusts, you can now do I-824 to forward the remainder of the petition to a NVC and use the now LPR wife as a qualifying relative.

Alternatively, if it all takes too long, you can always just wait until she naturalizes and petitions for you as an immediate relative of a US citizen, then if you're an overstayer you can just adjust in US. You can always start one and if that's getting close then oh well abandon this.

Re: Daca recipient married to a H1b holder
 

Haha, well said. Thanks again for your input. My real concern, though, is getting my parents some legal status so they can receive medical care and insurance. They're getting older, and right now they're undocumented, which is a real worry for me. Do you guys have any pointers in this regard ?

Re: Daca recipient married to a H1b holder
 

Naturalize and petition for them, that's about it. Once they're legal they can amend their taxes up to 10 years back which will be enough to qualify them for medicare and social security.

Re: Daca recipient married to a H1b holder
 

Sounds good.
Any possibility for EB-5 with 601A for me ?

Re: Daca recipient married to a H1b holder
 

I mean, sure if you've got the 800k they want, but why bother if you can just be a derivative on your wife's EB-2/3?

Re: Daca recipient married to a H1b holder
 

I heard that EB-5 takes about 1-2 years ? Also this might be the only way for my parents to get adjusted.

Re: Daca recipient married to a H1b holder
 

I-526 takes about that long and you'd still need an I-601A. All in all, for you just following to join would be easier, cheaper, and probably faster.

For your parents, same issues as for you apply, so if one of them were to do an EB-5 they'd still need an I-601A, now, they're presumably married to one another, so unless there's a grampa or grandma up there that is a USC/LPR that's dead in the water. Unless they want to try the 245(i) angle.