Granting Permanent Residency Through Marriage

Hello,

I got married to my wife few months ago and we've been preparing to concurrently file I-130 and I-485. I have been approved for DACA last December and I have a question about filing as a DACA beneficiary. I think I read that applying for I-765 is optional when filing for I-485, but I already have my EAD card through DACA. Do I have to fill out another I-765 and file it with all the other applications? We are not using an attorney and spend over $2000. We are going to file them ourselves, but our knowledge is limited so it'd be awesome if I get an answer about this situation.

Thank you in advance!

You can but you don't have to. You can continue using the DACA EAD while your adjustment application is pending. If it expires or comes close to expiring while your application is pending then you can file I-765 together with a receipt of the I-485 to get one under the AOS.

There is no fee for a work permit under AOS.

I-765 is only free if you file it concurrently with the I-485. If you file the I-765 later, they will expect the $465 fee.

The EAD issued for pending AOS usually lasts a year, so if you recently got your DACA approved the DACA EAD will outlast the new one. Therefore in your case it's pointless to get another EAD.

The wait time for AOS interview is around 5 months today, so you should get your GC by May/June.

Agree with the above answers. Good luck.

Lucky for you, AOS is at least to me one of easiest process (when you have no crim history and have plenty of proof) as others have said you don't have to file the i765 while it is free you don't really need two work permits.

Good luck to you and congrats on soon becoming an LPR!

did you file an affidavit? I want to know because I also will be filing with my husband. I have been approved for DACA..and I want to know because I heard its necessary?

As in the affidavit of support? Yes that is in fact necessary and it is form I-864.

I am working because of DACA being approved almost going on to 6 months but my husband isn't currently working. My cousin is willing to be my affidavit of support which is a US citizen...now how would I need to go about that filing?

Wow, I'm actually in the exact same boat as you! I just completed my packet (concurrent I-130 and I-485) and will ship it out tomorrow. I didn't file for an I-765, because my DACA doesn't expire until the end of the year. Good luck!

Your husband will have to include his taxes for the last 3 years, If you have done your taxes this year and you have been LAWFULLY employed for the last 6 months YOU could be your own sponsor...if not your cousin will have to fill out another I864 (separate from your husbands) and if your cousins income includes his spouses income then the spouse will have to fill out I864A.