What is the process for a DACA to marry a U.S. citizen

My lady and I have been wanting to get married for about 2 years now, but have been scared to do so because she was brought over here without documentation at age 2. We have filed for her Advance Parole, and are waiting to hear back.

Based on your experiences and knowledge, is it best to marry before or after she heads back to her home country? I ask because I have been informed that there are countless forms, fees, and tests needed if you marry an illegal immigrant, but I also can't lose her and need her not to get stuck outside of the U.S..

Also, I am currently a student, and am perplexed about the entire Green Card sponsorship process and purpose. Currently you have to prove you (and not the person filing for a Green Card) are 125% over the poverty level (which would be an income of about $21,000 a year), which I can obviously not do solely... even though together we make $40,000+. Is this necessary to have right after marriage? In other words, would she be able to stay and work in the U.S. indefinitely as my wife if she continues to not commit crimes after marriage? (This is assuming DACA no longer exists in the near future)

It's made intentionally hard to keep out people like you and me who only want to advance ourselves and advance the nation.

If you guys know you will get married sooner or later I would stop wasting time and get married, because to be honest that's be the only way she can get a green card so the sooner the better so you can petition her. And no there are no countless forms, once she gets the advance parole it'll be easier for you to petition her, just 2 main forms (i130 & i485) and 2 separate fees that total about 1,490 which is not that bad! And don't worry about the whole income thing that you can figure out when the time comes although you said you make enough combined so I don't see any problems. Good luck man!

I'm like you OP - been lurking this forum for a while now and I've learned so much, thank you to everyone who posts about their experience and the processes they've gone through. Really humbled by everyone's journeys.

My boyfriend has DACA and I'm a USC. I feel sort of foolish, like I need "explain this to me like I'm 5" answers to these questions that you guys have probably answered a bunch of times.

1) The whole EWI thing. His "port of entry" was an airport when he was 5 years old. Does that necessarily mean he was EWI? How do we look into seeing if he is or not? Or does DACA automatically mean you're EWI.

2) If I'm understanding correctly, what most people are doing here is getting AP to travel back to their country, then reentering to clear their status. Do I have that correct? If you are planning to get married, would you recommend doing the traveling before or after getting married, or does it make no difference?

^ Basically answers my above question and OP's question, thank you! So get married asap basically, even if it's before AP...anyone else think differently or is that spot on?

3) AP wouldn't help him for education/work purposes, I see people putting down humanitarian reasons such as "visit elderly/sick grandparent" but my bf has no one there to visit. Suggestions?

4) Again, if I understand right and all goes well, once status is cleared and we have a marriage license, that's when we can start filing paperwork for a green card?


Grateful for any answers, thank you!! Best of luck.

If he came in through an airport he more than likely came in on a visa and was inspected at at the airport so he wouldn't be an EWI. He would be an EWI if he came in under a fake name or something. If he came in legally the process is a lot easier. See if he/his parents have his original passport or his visa. If not it can be requested through a Freedom of Information Act (FOIA) request. You can look over that here: https://i94.cbp.dhs.gov/

You would only have to do that if he is in fact an EWI. It really doesn't make a difference if you do it before or after you get married. However, I'd say do whichever is easiest for you guys to do the soonest so you can get the process going.

Those really are the only three options. It doesn't have to be a grandparent. It can be an aunt/uncle/sibling, it just has to be biological since you provide BCs to show relationship.

pretty much.

Osito thank you so much! Incredibly helpful.

What do you mean AP wouldn't help him for education/work purposes?

Well he's not in school at the moment although it is something we're looking for in the future for him. We signed a lease together so in a year with that established residency he would be able to get in-state tuition at a public uni. But that's further down the line.

The job he works right now isn't something he'd ever have to sent abroad for.

He has an uncle in his country and some cousins but as to whether we can prove anything for humanitarian remains to be seen.