DACA to AOS - Page 56

As long as your spouse makes above the income requirement it shouldn't matter who makes more. Regarding AP, from experience and doing some research, it is taking around 2 months for approval. This might not be a viable option unless you have a valid reason to expedite your request. Otherwise you may have to file the I-601A provisional waiver.

Good luck!

Thank you for responding. The last time we met with a lawyer (5 years ago) he said that in my case (EWI) it would be difficult to get a pardon so we didn't pursue it any more. How hard would the I-601A provisional waiver be to obtain?

I used a lawyer for AP just in case things didn't go as planned upon re-entry. The lawyer told me the same thing, that's why I went the AP route. It's difficult to get the pardon but it's not impossible. I have two close friends that went that route, both got RFE'd. The process is longer and more expensive, especially if you use a lawyer. I suggest you try to file for an expedited AP if your situation allows for it. The AOS process is much simpler than the consular processing, you can even file on your own if your case is straight-forward.

Thanks again for the info. I take you did AP and now there is no need for a pardon? At that point then, how much easier is it to adjust your status?

Definitely, the AOS process is much easier. You just have to be thorough when filling out the forms. Besides that, it's a matter of gathering evidence and paperwork - most of which was already at hand because of DACA. Fee free to go through my post, a page or two back, regarding the AOS packet I recently sent.

Thanks a lot you were very helpful!

Congratulations to everyone that's gone through this process successfully.

No problem at all, I currently have 2 EAD but different categories (DACA and AOS).

I have completed my AOS packet and will be sending it off tomorrow. Feeling very happy and hope all goes well.

Trying to decide whether to use USPS or pay extra for UPS.