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DAP Forums > DREAM Act > The Lounge

Marriage and AP on DACA renewal.

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#1
03-15-2018, 12:02 PM
Junior Member
Joined in Sep 2017
24 posts
NoLineOnTheHorizon
0 AP
Need some confirmation guys. I have a friend who is currently a DACA recipient. He has since his last renewal traveled using AP and has gotten married to a USC. On the application for renewal that I'm double checking for him, I have suggested he send a copy of his marriage certificate and include that in the Additional Information Part 8 but I'm wondering if there is anything else he should be including besides that? He is obviously sending in travel info. with AP and copies of that too.

The reason he is renewing DACA and not doing AOS just yet is because his wife has a terminal illness and he does not want to add the pressure of applying for AOS while she is undergoing treatment. I found a local immigration advocacy group at the university he attends that raised enough money to match my donation and is enough to help cover the cost of his DACA renewal for now.

I feel like I should be doing more for them but he is very prideful and does not want to be a burden to anyone. He works part time and attends school full time and does lawn work on his spare time. He is not open to the idea of a personal loan from me to help with AOS costs or a gofundme account because he just does not want to do it now because of his wife’s condition and I completely understand and respect that.
Any advice or ideas are welcome.
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#2
03-15-2018, 12:19 PM
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Joined in Sep 2011
234 posts
jakeim86
0 AP
I'm not seeing a reason why he should include the marriage certificate in his renewal, it's not really related to his DACA status. It's a sad situation and I wish him and his wife the best.
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#3
03-15-2018, 12:56 PM
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NotADreamerPerSe
0 AP
There's no need for him to send any extra info, like his travel info or marriage certificate, to renew his status. I wish them the best as well.
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#4
03-15-2018, 01:08 PM
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trac3rt
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I recently got married to a USC and applied for DACA renewal.

No need to include marriage certificate. You can, but USCIS will just ignore it since it has nothing to do with his DACA application.
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#5
03-15-2018, 07:49 PM
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Joined in Oct 2016
329 posts
APinfo
0 AP
Not trying to sound crude or insensitive, but if she has a terminal illness, he should definitely be applying for AOS because if she passes before he gets a chance to, he's back to only being DACA.

There shouldn't be any pressure on her, it's just an application just like DACA. Truth be told, it'll be about a year before anything happens with his AOS application anyway, if he were to apply now.
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#6
03-15-2018, 10:55 PM
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AleiaTheEnchanted
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Quote:
Originally Posted by APinfo View Post
Not trying to sound crude or insensitive, but if she has a terminal illness, he should definitely be applying for AOS because if she passes before he gets a chance to, he's back to only being DACA.

There shouldn't be any pressure on her, it's just an application just like DACA. Truth be told, it'll be about a year before anything happens with his AOS application anyway, if he were to apply now.
Actually I think there is a form for widows of a USC. I think he can still adjust.
https://www.uscis.gov/greencard/widower#card
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#7
03-16-2018, 01:31 AM
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APinfo
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Quote:
Originally Posted by AleiaTheEnchanted View Post
Actually I think there is a form for widows of a USC. I think he can still adjust.
https://www.uscis.gov/greencard/widower#card
I stand corrected. Thank you for the link.
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#8
03-16-2018, 05:50 PM
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Quote:
Originally Posted by AleiaTheEnchanted View Post
Actually I think there is a form for widows of a USC. I think he can still adjust.
https://www.uscis.gov/greencard/widower#card
They can but it's simpler to start the process while the spouse is still alive.
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#9
03-20-2018, 01:32 AM
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AleiaTheEnchanted
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Quote:
Originally Posted by Demise View Post
They can but it's simpler to start the process while the spouse is still alive.
Yes true but I'm just saying that in case something happens and she does pass away then he can still apply for an adjustment.
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#10
03-20-2018, 12:50 PM
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From Minnesota
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Demise
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Quote:
Originally Posted by AleiaTheEnchanted View Post
Yes true but I'm just saying that in case something happens and she does pass away then he can still apply for an adjustment.
Yes, they have up to two years after the death of the USC spouse to file I-360 on their own behalf together with I-485, I-765, I-131, I-864W, and I-693.

There is still burden of proof on them that the marriage was legitimate while the late spouse was alive.
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