What effect would marriage have on a c33 work visa recipient?
I'm getting married to my fiance and boyfriend of more than 8 years and he's here under a c33 work visa through daca and I'm wondering how that will effect his status and what the next steps would be towards getting his citizenship.
Edit: He applyed for DACA as soon as he turned 18 so he was responsible about it. Also clearly some of you have no idea what you're talking about and are just saying stuff to be hurtful. He does NOT have to be barred from the country for ten years and I do NOT have to move to his native country with him. We know another who has been through this process without daca and it only took him three months. Please don't respond to this if you don't know or are just being hateful.
Edit 2: Also he has a work visa the class is just c33 so we don't know if that entails an adjustment of status or if we need to try something else.
Edit 3: We've talked about what we would do if he was forced to go back permanently for years and I agreed to move with him if necessary. He did not drop me and I am not 'stuck' with him. No need to be rude.
Update 4: We're not marrying for papers. We've been together over 8 years. We're getting married because we feel like it's been long enough and we want to.
- FoofaLv 74 weeks agoFavorite Answer
Marriage, if you earn enough to serve as his sponsor, would enable him to seek legalization. But whether he could adjust status without returning to his home country would depend on how he entered the US. Those who overstayed visas are considered having "entered with inspection", meaning they can adjust status "in place". Those who entered without visas have to return home to undergo processing there. This 10 year ban you speak of is something some illegals earn by virtue of having remained in the US without status for too long. But you can often obtain a waiver to remove that condition so you can return home for processing without having that bar placed onto you. At any rate, you'll want to involve a lawyer in this because it's too compacted to attempt on your own.
- ibu guruLv 74 weeks ago
DACA does NOT change his status as an illegal alien. Marriage does him no good as he cannot adjust status through marriage or any other way. He MUST return to his own country, and he will be barred from reentry. Once he returns to his country, he can arrange your immigration to his country of citizenship, IF you marry.
Marry him & he goes home. He should have done that before he turned 18, in which case he would not have been penalized for his parents' illegal acts. Once he turned 18, HE chose as an adult to violate the law, and this is no longer a matter of "my parents did this to me." He had his chance to make things right & potentially qualify for a visa in the future & he blew it off. Now if you want to marry him, you both go live in his country.
- W.T. DoorLv 74 weeks ago
Edit: He entered the USA completely illegally. He has no status from which to adjust. Once he stayed in the USA past his 18th birthday for longer than six months he triggered ban, and since his presence past age 18 has been for years it is a 10 year ban. That is the reality and I am sorry you feel being told the truth is being "rude".
Nothing. He is NOT in the USA on any type of visa. He entered the USA illegally, and there is a virtual certainty the Supreme Court will uphold Trump's cancellation of DACA.
Note that Trump tried to arrange for a path to legal status for DACA people in 2017 but the Democrats blocked him in order to not give him a "victory"You cannot "fix his papers" while he is in the USA. He has to exit the USA and return to his home country to wait while you sponsor him for an immigration visa. I highly recommend you not marry him now and instead sponsor him for a fiance visa (after he goes home). If you marry him before he exits the USA and then find out there is something in his past which makes him permanently ineligible to return to the USA then you will be stuck.
Alternatively, tell him you want to move to his country and you will even renounce US citizenship so your children won't be US citizens. See how many seconds it takes for him to drop you.
Talk to an immigration attorney since it is unlikely you will actually believe anyone on here who warns you it won't work.
- MaxiLv 74 weeks ago
Zero affect........ the C33 is temporary employment authorization to noncitizens in the United States and DACA is also temporary.......... marriage will not change his temporary status.....you would have to be working/earning and sponsor a spousal visa and follow the process required, IF he was given the visa only then would it affect his status and mean he was in the US legally