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DAP Forums > DREAM Act > The Lounge

Legalization through marriage - Page 6

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#51
11-12-2016, 01:12 PM
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JayR9
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Has anyone gotten married to USC without a legal point of entry and still got legalized?
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#52
11-12-2016, 01:38 PM
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legendver2
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Quote:
Originally Posted by JayR9 View Post
Has anyone gotten married to USC without a legal point of entry and still got legalized?
Don't think that's possible.
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#53
11-12-2016, 01:58 PM
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Don't think that's possible.
It is possible but you have to go back. I think both parties have to go back unless there are kids or health issues involved. I am not sure but you need a special type of waiver.
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#54
11-12-2016, 02:15 PM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
It is possible but you have to go back. I think both parties have to go back unless there are kids or health issues involved. I am not sure but you need a special type of waiver.
This. You can obtain a green card while entering without inspection, but they will force you to wait in your country of origin until they approve your case. There is no certainty of how long you will be there.

You can get a special waiver to wait in the U.S. while your case is approve, but you need to prove that there is a hardship for your family that requires you to stay here. I've heard that it's very hard to prove hardship.

The special waiver is very new from my understanding and it could be taken away if Trump decided to remove it. But, don't quote me on that. It's something to discuss with your lawyer.
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#55
11-12-2016, 02:21 PM
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JayR9
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Quote:
Originally Posted by highhysteric View Post
This. You can obtain a green card while entering without inspection, but they will force you to wait in your country of origin until they approve your case. There is no certainty of how long you will be there.

You can get a special waiver to wait in the U.S. while your case is approve, but you need to prove that there is a hardship for your family that requires you to stay here. I've heard that it's very hard to prove hardship.

The special waiver is very new from my understanding and it could be taken away if Trump decided to remove it. But, don't quote me on that. It's something to discuss with your lawyer.
I heard AP would correct this problem but might be too late to do AP.
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#56
11-12-2016, 02:52 PM
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Originally Posted by JayR9 View Post
I heard AP would correct this problem but might be too late to do AP.
Correct. AP would have eased this issue. For this reason I encourage any APs to take the risk while they could. It is too late now to apply in my opinion.
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#57
11-12-2016, 03:11 PM
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fl_dreamer
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What you cannot live with your potential spouse? Can you still apply... he can still be on my lease etc. What if we just cannot live together due to work constrains.
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#58
11-12-2016, 03:45 PM
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What you cannot live with your potential spouse? Can you still apply... he can still be on my lease etc. What if we just cannot live together due to work constrains.
Many of us have this concerns I made a new thread with my current situation. Hopefully we can get some feedback from the veterans.
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#59
11-12-2016, 04:22 PM
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mjemilio84
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Quote:
Originally Posted by highhysteric View Post
This. You can obtain a green card while entering without inspection, but they will force you to wait in your country of origin until they approve your case. There is no certainty of how long you will be there.

You can get a special waiver to wait in the U.S. while your case is approve, but you need to prove that there is a hardship for your family that requires you to stay here. I've heard that it's very hard to prove hardship.

The special waiver is very new from my understanding and it could be taken away if Trump decided to remove it. But, don't quote me on that. It's something to discuss with your lawyer.
my friend did it took six months to get his green card and just went to mexico to pick up his card, my brother went to see a lawyer told him the same thing you only go back to pick up your green card, is expensive my friend paid 10k lawyer and application fees
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#60
11-12-2016, 05:06 PM
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I posted this in a separate thread but no feed back. Maybe it belongs here


With DACA on the verge of dying and the possibility of losing jobs many of us are considering moving forward with the only alternative to permanently fix our situation, marriage and AOS through a USC significant other.


I will share my situation as I assume many others might be going through the same or similar hurdles through this process.


Going this route is not easy, it will take a while.

In my case, I have been with my girlfriend for a year. I talked to her after the election and I explained what was going on and she said that she loves me and will do anything she can to end this nightmare. I honestly love her and I am convinced that she is the one I want to be with.

There are some complications, first, I do not think her parents would be too happy with our plans. She lives with her dad and is still in school working on her undergrad and she will still depend on her parents until she graduates.

She is not too close with her parents and she thinks it is a good idea if they know about this plan, yet. She wants to finish school before she tells them. Her parents are moving back to their country as they do not like the U.S and they want to live retirement in a stress free environment which means my girlfriend will be independent when that happens sometime next year.

She insist we go forward with the plan now but obviously there are some complications.

1. Living together : She will not be able to move with me yet. She is going to school, I currently visit her almost every weekend and this has made our relationship very strong but it is just not feasible to move in together yet. Specially because her dad still lives with her.


2. Filing Taxes : I asked her if she is still listed as a dependant under her parents and she said not anymore. She mentioned that her dad wanted her to file her taxes alone in preparation for their departure. The only issue is that she says she would rather filed separately (this first year) because she does not want her older brother who still has some oversight to intervene. She says unless it is extremely necessary she would file jointly this year.


She is agreeing to getting married in the next couple of weeks. This would allow us to open joint bank accounts, have joint credit and establish that we are serious about being together for real.

3. She wants to keep her name for now : She feels it would be too much of a pain to change her last name to mine right now because of the above points, she is still in school and wants to keep using her name. She says she would definately change her name when in a year once we are settled completely and together. She does not even like her last name because of some issues with her family. But she things it is more convenient right now a to not create drama with her family.


I sincerely love this girl and I have date many girls in the past. We share the same passion for our careers, we are both engineers and enjoy the same things. We have spent weeks together and I have zero doubt that it will work out in terms of being happy together.

I do not fully understand what is the bare minimum a couple can have to build a successful case for AOS.

Please if you could provide some feedback.

It will probably take some time to build a solid case given the above mentioned, we do not have an option and we will most likely follow through with this plan.




Thank you for any feedback.
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