DACA recpient getting married to USC soon

Hello everyone,

It's been such an amazing year (2013). So many wonderful things have happened to me. DACA changed my life for the better. I got my license, SS, a job, and best of all, my daughter was born! Now I'm studying mechanical engineering at The Catholic University of America.

Anyway, I'm about to propose to my girlfriend. I've already purchased her ring and am very excited. However, I have a few questions that perhaps some of you may be able to answer.

1.) I came here when I was 4 on a visa, so I'm a visa overstay. What do I need to do, and how likely am I to get a green card?

2.) If I'm eligible, how long will this take? I want to go to Mexico this December, and was wondering if it would be easier to get AP (Advanced Parole), or apply for the green card and travel with that. I mean can I? Even with provisional residence?

Thanks!

You will be able to adjust status here in the US. It will typically take 6mo to a year for your green card application approval. You will get another EAD while you are waiting and you could apply for AP as well. So, it is up to you if you want to wait up to a year for your green card before you travel (and yes, having a conditional green card is the same as having a regular green card).

You don't necessarily need a lawyer to apply. Just like DACA, the Green Card App has instructions with it. But if you feel that you are confused or uncertain about the application or have questions a good lawyer is able to address all those issues.

Someone here will post the exact documents you'll need to send. But in the mean time, here are the instructions for the I-485 Application for Green Card.
http://www.uscis.gov/sites/default/f...i-485instr.pdf

Nice, good luck to you on the proposal and future family!

1)
a.Since you're a visa overstay you may adjust status inside the US if your spouse is a US citizen over 21 years,whether born or naturalized.

b.The application timeline are dependent on the area and type of applications[there are many associated than just the I-485].USCIS has been swift in processing applications.I've been hearing applications have been approved between the 2-5 month range from start to interview dependent on how immigrant heavy the population is where you reside.

c.It would be dependent on how confidant you are with filing any immigration paperwork by yourself.I would assume that since you have DACA you should have quite an easy and pain-free process.If you have DACA you have passed a prior USCIS background check,having a child with your future US citizen spouse and going after a STEM degree are likely to impress most USCIS adjudicators conducting your interview.You can find all of the proper forms at the side in the prior link.

2)a). After you're married is only when you're eligible.Your spouse must meets certain other requirements to file on your behalf as well such as making a certain amount of money to sign the Affidavit of support or others may have to sign before the application can progress.

b)If you're married to a USC it would be a waste to pay for AP.US Green card holders[whether Permanent or Conditional] have a plethora more rights and privileges when it comes to traveling outside and into the US as long as their status is maintained.The more important one being allowed to travel for up to a certain amount of time outside the US and the right to enter just as long as you have not "abandoned"[stay out more than 1 year] your Green card status.AP holders are still at the discretion of CBP officers to be allowed entry,while Green card holders are not!

Good Luck!

Note:You might not want to file another I-765 considering you already have an EAD already and would likely be a waste of money.

I'd get a lawyet but the process looks very straight forward. Just read through the applications and ask us if there something you don't get. Since you are not EWI you should have if 100xs easier to adjust.

Does this apply only to visa over stay or daca recipient who EWI

what applies to what?

To adjust status to permanent residency when marrying an USC

Only visa overstays, you can't be a EWI and get a green card through marriage.

As to OP... My dad got his green card within 6 months from the application period. First you will get a 2 year "provisional" green card and after the 2 years USCIS have the right to interview you again etc, to make sure the marriage is legit.... after that you will be able to get a 10 year green card, and renew it every 10 years. I think since she is a US Citizen... you will be able to get a US Passport within first 5 years of marriage as well...

Congrats on your life, and before you get too excited make sure she says yes! haha

PS. Lawyer not necessary but always recommended when dealing with dumb paperwork and stuff.

You can adjust through marriage with EWI. It's harder, but possible with an approved I-601 or a I-601A. My Wife is a EWI that got DACA and approved I-601A. She has her interview in 3 weeks.

Did she get AP to clear that EWI?