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DAP Forums > DREAM Act > The Lounge

Anyone with DACA married to a Permanent Resident?

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#1
04-21-2016, 01:28 PM
Senior Member
From Texas
Joined in Jul 2009
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fabDreamer
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Hello Dreamers,

It has been a while since I posted to the one community that I feel the most closest too, and yet is very much a virtual relationship.

I have a question that I would rather ask you guys first because I have learned that we know more about our situation and options than any lawyer I can afford. My boyfriend is a permanent resident and I am a DACA (Visitor Visa overstay from Kenya).

We have been talking about the next step because we are both mature and settled in life. I am worried because I don't know what sort of huddle we would face if we got married, and I wouldn't want to put him through that. I haven't told him I am DACA just because I am worried about what he will think. I hate how people make assumptions and only see you as a status when they hear about the whole undocumented thing. All of a sudden you are not a person with hopes, dreams, and passions. He may not do it, but I have seen it too often to not be weary. Anyway, so for some education:

Can I apply for an adjustment of status if I marry a greencard holder? How long is the process? What are the disadvantages/limitations? Has anyone gone through it?

Any advice would help. Thanks for reading.
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Application Delivered: 8/17 || G1145 Notification: 8/21 routed to Nebraska || I-797C Received: 8/24
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#2
04-21-2016, 05:31 PM
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Worried about what he will think?...oh god..
If you are serious about your relationship, you definitely need to let him know about your situation.

Worried that he will dump you once he realizes you're a DACA recipient?
Worst case scenario would be that he will judge you and dump you.. so what? be glad you got rid of a jerk who does not deserve you.
If he loves you and is serious about you, he will most likely trying to help you. If not, at least he has the right to know where you stand. Going through the process can be very time and money consuming, so he has got to know so he can plan ahead.

Anyhow,

"If you get married to the green card holder, your green card petition will be filed in the F2A category, which is a limited category with annual quotas. You will have to wait for several years before you will be able to go to the U.S. on immigrant visa and get green card."

http://www.immihelp.com/immigration/...us-person.html

This is what I got from google. I don't have personal experience to share..sorry.

I think it'd be a lot quicker & safer process if he were to get his citizenship first then apply for your visa. How long has it been since he received the green card? After 5 years, he can apply for naturalization.

My advice is that you first have to let him know. Then you guys can figure out what to do from there.
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#3
04-21-2016, 06:32 PM
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Relationship advice isn't my territory, but you'll have to tell him eventually.

Anyways, without 245(i) you will not be able to adjust via marriage to a permanent resident, in this case you'll need to wait for him to naturalize first before you'll become eligible for AOS.

The issue here isn't backlog, the issue is that statute prohibits AOS in any preference category after an overstay or working in US illegally, with exception of immediate relatives of US citizens (parents, spouses, and unmarried children under 21).
Last edited by Demise; 04-21-2016 at 06:40 PM..
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