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DAP Forums > Other Topics > Other Topics

Marriage after DREAM Act? Tough Situation - need advise

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#1
09-04-2013, 12:14 AM
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Illicit
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I completed my deca process on May 23rd so I'm officially official, now onto the next step.

Here's my situation prior to my application and the entire DREAM act opportunity.

I came here with my mother on a K1 & K2 visas, prior to the Dream Act, I had no right and in no way was I able to change my status here in the US, several attorneys told me that K1 & K2 visas are irreversible and their status can't ever be changed after they expire (which expires in 90 days from the date of arrival).

Given those circumstances, that put me outside the fence on ever getting married to my girlfriend.

Fast forward a year later, I'm covered by the Dream Act, a legal resident of the US. The question is, will my K2 Visa affect me getting married now? Am I still in the same predicament as I was prior to DREAM? Will getting married affect my status as a resident under the DREAM Act? What would it take to acquire permanent residency and qualify for a green card in my standing?

Any comments, tips, suggestions or w/e you can say is appreciated.

Thanks
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#2
09-04-2013, 01:12 AM
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Severity
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If you want to marry your gf do it.
Now immigration wise I don't know.
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#3
09-04-2013, 01:15 AM
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Quote:
I completed my deca process on May 23rd so I'm officially official, now onto the next step.
Were you approved for DACA?

Quote:
I came here with my mother on a K1 & K2 visas, prior to the Dream Act, I had no right and in no way was I able to change my status here in the US, several attorneys told me that K1 & K2 visas are irreversible and their status can't ever be changed after they expire (which expires in 90 days from the date of arrival).
You should clarify only what status you came into the US on,when it expired and how old you currently are.

Quote:
Given those circumstances, that put me outside the fence on ever getting married to my girlfriend.
We don't know that yet since you haven't clarified what status you came into the US on,how old you currently are and what is your girlfriend's status.

Quote:
Fast forward a year later, I'm covered by the Dream Act, a legal resident of the US. The question is, will my K2 Visa affect me getting married now? Am I still in the same predicament as I was prior to DREAM? Will getting married affect my status as a resident under the DREAM Act? What would it take to acquire permanent residency and qualify for a green card in my standing?
This makes no sense since an individual currently on a legal status cannot be approved of DACA or Dream Act[Senate variant].You're asking questions without giving more information concerning your current status,age and what is the status of your significant other.

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Any comments, tips, suggestions or w/e you can say is appreciated.
Depends on the answers you give in detail.
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#4
09-04-2013, 01:54 AM
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Illicit
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I was approved for DECA/DREAM Act, I recieved my EAD card & my SSN.

I came here under a K1/K2 Visa in Jan 1997 at the age of 8 with an I94, the Visas expired in April 1997. Ever since... my status has been an illegal resident on a expired visa, without a SSN, or valid government ID. Then I applied for the Dream Act in August 2012 I was approved for DECA and received my EAD along w/ a SSN by May 2013.

Thats my current status, my age is 25, my significant other is a US born citizen.

My main concern in question is whether or not my K2 visa still plays a role with marriage now that I'm a DECA/EAD/SSN issued resident and whether it could push for permanent stay in the US. - I know that prior to Dream Act, I was unable to change the status of my Visa (K2) and getting married would make no difference in my residency, so I want to know whether or not that still applies given my updated status after being accepted under the Dream Act.

Thanks
Last edited by Illicit; 09-04-2013 at 01:58 AM..
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#5
09-04-2013, 07:12 AM
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I think you should speak with an attorney for legal advice. It would be easy to assume you could ask for AP and when you are allowed back in you would have some kind of legal entry, other than your k12 visa, but the truth is that it is uncertain what is really involved with the k12 visa as you mention so you should really talk to an attorney and get this cleared out all your doubts.
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#6
09-04-2013, 11:38 AM
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OCgirl85
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Do you mean DACA???? and what do you mean Dream act?? As far as we all know there is no such thing as the Dream act yet it has not being approved!! Daca does not grant you residence it just offers you temporary protection from deportation. I confuse by your post.
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#7
09-04-2013, 01:02 PM
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Quote:
Originally Posted by Illicit View Post
I was approved for DECA/DREAM Act, I recieved my EAD card & my SSN.

I came here under a K1/K2 Visa in Jan 1997 at the age of 8 with an I94, the Visas expired in April 1997. Ever since... my status has been an illegal resident on a expired visa, without a SSN, or valid government ID. Then I applied for the Dream Act in August 2012 I was approved for DECA and received my EAD along w/ a SSN by May 2013.

Thats my current status, my age is 25, my significant other is a US born citizen.

My main concern in question is whether or not my K2 visa still plays a role with marriage now that I'm a DECA/EAD/SSN issued resident and whether it could push for permanent stay in the US. - I know that prior to Dream Act, I was unable to change the status of my Visa (K2) and getting married would make no difference in my residency, so I want to know whether or not that still applies given my updated status after being accepted under the Dream Act.

Thanks
I'm not so sure the lawyers you have been speaking with were correct.

If you actually have entered the United States as a young derivative of your parent's spousal visa and simply overstayed I don't see what could stop you from independently adjusting status through marriage to your significant other[US citizen girlfriend] as a current visa overstay.

DACA has absolutely nothing to do with being able to adjust status here in the US as it is not a valid status,just legal presence.An individual adjusting through marriage is only judged on;

1.If they first entered legally[even overstays]

2.Currently have no criminal record.

3.The marriage is considered *bona fide* by USCIS.
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#8
09-04-2013, 02:06 PM
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Bingo DACA neither affects you positive ir negatively. It's just a defeered action and that's it. No more no less. So stop calling it dream act
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#9
09-05-2013, 02:09 AM
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natalie2288
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Quote:
Originally Posted by Illicit View Post
I was approved for DECA/DREAM Act, I recieved my EAD card & my SSN.

I came here under a K1/K2 Visa in Jan 1997 at the age of 8 with an I94, the Visas expired in April 1997. Ever since... my status has been an illegal resident on a expired visa, without a SSN, or valid government ID. Then I applied for the Dream Act in August 2012 I was approved for DECA and received my EAD along w/ a SSN by May 2013.

Thats my current status, my age is 25, my significant other is a US born citizen.

My main concern in question is whether or not my K2 visa still plays a role with marriage now that I'm a DECA/EAD/SSN issued resident and whether it could push for permanent stay in the US. - I know that prior to Dream Act, I was unable to change the status of my Visa (K2) and getting married would make no difference in my residency, so I want to know whether or not that still applies given my updated status after being accepted under the Dream Act.

Thanks
A K2 is a derivative visa of a K1 meaning that you can may only adjust through your parent(k1 visa holder). Since you consulted with a lawyer yet still posted here, im assuming you have heard of this dilemma. Did u ever leave the US? If so, how did you reenter, if you didn't, you should consult with another lawyer. When one does AOS via marriage to US citizen most likely one finds the decision ( approved/denied) after the interview. If denied I think you get a letter saying that " You are required to depart the United States within thirty days from the date of this decision, or be subject to removal proceedings" something along those lines. Good luck, even when married to a US citizen the GC can take months and even years. USCIS is very slow, yet some people in this forum like to whine when they don't get a work permit in a couple of months.
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#10
09-07-2013, 12:25 PM
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After looking at this further,I see where the issue lies.I had no idea the restrictions on K1 visa holders extended to K2 visa holders and only hypothesized that it should have been possible.It really does suck that such restrictions exist on K2 visa holders as I thought the only other non-immigrant group this extended to was Crewman visas.

It is true that it seems almost impossible for K2 visa overstays to adjust status due to the restrictions placed on them but I wonder if you ever tried talking to your lawyer about this case.
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