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My fiance is trying to apply for the Deferred Action for Childhood Arrivals will getting married affect his petition in any way?

Nashville, TN |

My fiancé and i were thinking about getting married soon but he also wants to apply for DACA.We are unsure if getting married will affect his petition Should he Apply for it and then get married afterwards?

Attorney Answers 5

  1. As long as you meet all the other DACA criteria, your marital status should not have an impact on your DACA Petition. As such, the timing of your marriage is not relevant for the DACA Petition.

    Husna Alikhan, Esq., TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

  2. No. No relevance to his DACA application.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. It should no have an impact on his DACA application.

  4. It should have no relevance to his DACA application, but once you are married you can petition for him as an alien relative to get a green card. With the new provisional waiver program you can do most of the immigration process from the United States.

  5. Marriage should have no effect on a DACA application, but you should consider contacting an immigration attorney to learn whether your marriage will provide your fiancee with a way to obtain permanent residence.

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