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DAP Forums > DREAM Act > The Lounge

adding wife in i485 for DACA wife

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#1
11-19-2014, 11:54 AM
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Joined in Nov 2014
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sahori79
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Hi all, need help. I am in the process of getting employer based GC. My employer will file 485 for me in 2 weeks. I am thinking to add my wife so that along with me she gets GC too. But she was undocumented and received DACA status. He has valid port of entry. She came here on visit visa in USA when she was a child with her parents and overstayed. But she was eligible for DACA and received one. Wondering is it actually possible to get her GC with me at all. 485 is adjustment of status. Basically from H1b I will be in GC. I am confused. Please suggest. We are confused.
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#2
11-19-2014, 12:52 PM
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KingGeorge's Avatar
KingGeorge
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would advise you to see a lawyer.
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[b]Package sent on:9.24/2012
Delivered on: 9/25/2012 @ 11:00am
Routed to:Nebraska
Biometrics: 10/09/2012
APPROVED: 11/06/2012[/B
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#3
11-19-2014, 01:03 PM
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txgirl
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Quote:
Originally Posted by sahori79 View Post
Hi all, need help. I am in the process of getting employer based GC. My employer will file 485 for me in 2 weeks. I am thinking to add my wife so that along with me she gets GC too. But she was undocumented and received DACA status. He has valid port of entry. She came here on visit visa in USA when she was a child with her parents and overstayed. But she was eligible for DACA and received one. Wondering is it actually possible to get her GC with me at all. 485 is adjustment of status. Basically from H1b I will be in GC. I am confused. Please suggest. We are confused.
Unfortunately she cannot be sponsor under your employers petition because in order for someone to adjust status through an employer they have to have remain under lawful valid status through out their entire stay in the US and before DACA your wife did no have lawful status and remains without one (DACA is not lawful status btw)

So youll have to become a permanent resident first, after 5 years youll file for your citizenship and only then youll be able to petition for her and adjust her status.
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#4
11-19-2014, 01:29 PM
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Migz
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Talk to a lawyer first then get a second opinion with another lawyer before you decide what to do.
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#5
11-19-2014, 02:08 PM
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Pianoswithoutfaith
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DACA grants legal/lawful presence, not status
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