DACA marrying a permanent resident
 

Hey guys, I entered USA with a B1/B2 visitor visa and I got my second DACA work permit not long ago.

I am planning to marry my gf who is a permanent resident, will that help to change my status?

I've heard that if I marry a US citizen then I can change my DACA/visitor overstay status to greencard.

Please help :)

Re: DACA marrying a permanent resident
 

yes you can change your status to a green card if you marry a green card holder, however, the wait time is 2+ years, in some cases even longer than that. However, if you girlfriend becomes a US citizen, you could get your green card in a little as 5 months. Also, if you marry a green card holder, you'll have to wait 5 years after having your green card to become a US citizen, if you marry a US citizen, you only have to wait 3 years

Re: DACA marrying a permanent resident
 

thanks so much for your answer!!

Re: DACA marrying a permanent resident
 

one additional quesiont. while wait time is 2+ year, am I going to get any temp green card during the wait time?

Re: DACA marrying a permanent resident
 

No temp green card. That's what you have to wait for.

Re: DACA marrying a permanent resident
 

Well, this is wrong for the most part.

Whereas the backlog in F2A is 2 years, F2A is preference category. Unlike being an Immediate Relative, being out of status, working illegally, and being in US illegally, all prevent you from adjusting status. Unless you're covered under 245(i).

In order to adjust status, your to-be spouse needs to naturalize first.

You can marry, she will file I-130 on your behalf. In the meantime if she naturalizes you need to contact USCIS about upgrading the petition to an IR petition and then file for adjustment.

Re: DACA marrying a permanent resident
 

Yeah I think demise here is right. I remember reading about that here a while ago

Re: DACA marrying a permanent resident
 

From what i understand, you can't adjust status to greencard unless your spouse is a citizen. In the meantime you can still file i130. And when she becomes a US citizen, you can now file adjustment of status.

Re: DACA marrying a permanent resident
 

This is correct. If she is not eligible to become a US citizen any time soon, then still file the petition and follow with a consular process. You can request AP to attend you interview at the US Consulate/Embassy. That way if anything goes wrong (which if you do it correctly you shouldnt have) you can still come back to the US just fine.

Re: DACA marrying a permanent resident
 

Has the area of using advance parole for consular processing been tested yet?