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DAP Forums > DREAM Act > The Lounge

DACA applicant marrying a Permanent Resident.

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#1
10-10-2014, 06:32 PM
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DARawn
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Hi everyone,

I've been reading some topics about my questions but they all seem to have come without inspection, hopefully my situation is different and there's hope for me to stay in the US until the my status is adjusted.

I was accepted for DACA in 2012 and recently I was approved for the renewal which gives me time until 2016.

I'm marrying a Permanent Resident next year and I would like to know if I can adjust my status without leaving the US since when I came to this country in 2000, I did enter with a visa and haven't left since then.

My old passport is stamped with the entry and it has a visa paper stapled into one of the passport pages.

What are my possibilities of adjusting without having to leave the US and how much would the process cost? (roughly)

Thank you all in advance, and provide as much info as possible.

(I will be looking for an immigration attorney after I'm married)
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#2
10-10-2014, 09:03 PM
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gianka09
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That's true! you dont have to leave the country but the process will take longer because she/he is a permanent resident... it will be better and faster(less than 6months) if you adjust when he/she becomes a US citizen...
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INITIAL: EAD Expires Nov 12, 2014
RENEWAL: Sent: Jun 17, 2014 - Delivered: Jun 19, 2014 - G-1145: Jun 24, 2014 @6:48am (routed to NEBRASKA) - I-797C Letters: Jun 26, 2014 - Biometrics Letter: Jun 28, 2014 (Jul 18 @chatsworth-CA) - APPROVED: Oct 8,2014
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#3
10-11-2014, 02:33 AM
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When is he/she getting citizenship? Where is he/she from?

Actually you can't adjust status unless you marry a US citizen.
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Last edited by SK18; 10-11-2014 at 02:35 AM..
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#4
10-12-2014, 09:31 AM
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In my younger days, I was talking to a girl who had a green card so I jokingly asked my lawyer whether if I ever married her, I could readjust my status. He told me "No good, has to be citizen". Harsh but especially in the days without DACA, the last thing I needed was to be in a relationship where I still couldn't work and had just closed off the one avenue for potential status change. I'm not saying dump her or anything but just something to think about.
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Late 40's Dreamer (Holy Fucking shit I'm almost 50 and still dealing with this), aged out of original DACA and didn't have a chance to apply for extended DACA after Republicans killed it on the vine.
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#5
10-13-2014, 01:14 AM
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In your situation you will only be able to adjust status only if your spouse naturalizes. That will put you into immediate relative category, where only thing needed to adjust status is to have entered US legally, which you have back in 2000.

The problems with seeking adjustment as a spouse of a permanent resident (F2A category) are:
1) 2 year backlog
2) Living in US illegally, and working illegally make you ineligible.

You can by all means marry now, but you will not be able to file for adjustment until your spouse naturalizes.

Adjustment of status packet currently costs 1,490 dollars.

If you fall under 245(i), meaning, you, parent (if you were under 21 at the time), or spouse (at the time) was sponsored (via work or family) on or before April 30th 2001, then you can adjust status in F2A, for an additional fee of 1,000, once the priority date becomes current.
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Last edited by Demise; 10-13-2014 at 01:16 AM..
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#6
10-13-2014, 04:51 PM
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DARawn
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My partner can become a USC as soon as he is ready, he's been a PR for over 20 years.
I guess he needs to become a USC before I can adjust.

Thank you all.
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#7
10-13-2014, 04:55 PM
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Quote:
Originally Posted by DARawn View Post
My partner can become a USC as soon as he is ready, he's been a PR for over 20 years.
I guess he needs to become a USC before I can adjust.

Thank you all.
Yes, that's the case here. He will need to naturalize for you to adjust.
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