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What forms are needed to petition for a spouse in the adjustment of status process?
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I'm a US citizen who married a DACA recipient. What does the adjustment of status process look like right now?
I understand that navigating the adjustment of status process can be challenging. Can you please share how long you and your spouse have been married?
4 weeks.
Have you already started the application process, or are you looking for guidance on where to begin?
Guidance.
Is there anything else the Immigration Lawyer should know before I connect you? Rest assured they'll be able to help with your adjustment of status process.
No.
Hi there and welcome. This is Thao, Esq. I'll be happy to help you out today. I understand you're a US citizen married to a DACA recipient and you're seeking guidance on the adjustment of status process. Is that correct?
Hello Thao. Yes that is correct. We've been together since 2015 and recently got married in June of this year. My spouse has had DACA since he was 16. His first application was in 2014.
Are you asking about how long the process for petitioning for him will take?
I'm looking to find more information on the following questions: what forms to fill out. What are the current wait times for the consular process? Is advanced parole a viable avenue? My mother was a direct beneficiary of the 245(i) provision, and I was wondering if it is possible to petition my spouse as a derivative beneficiary.
As to what forms to fill out for a spouse married to a citizen, you can find them here: USCIS Form I-130, Petition for Alien Relative. This site is with USCIS. It has the forms along with instructions. Adjustment of status for an immediate relative spouse is governed by (8 U.S.C. § 1255), which sets out the eligibility requirements for adjusting status without leaving the United States. As to your questions about advance parole and filing for a derivative beneficiary, you will have to open up two separate question threads for each question.
Thank you.
You're welcome. I'm glad I was able to answer your question. I will be marking this question as complete. If you should have any questions in the future, please do not hesitate to reach out to us. I wish you the best. Take care!
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