Marriage With a DACA Recipient: How to Get a Green Card?

Are you a DACA recipient who recently got married or are planning to marry a U.S. citizen or green card holder? You're not alone. Many people in similar situations wonder: Can I apply for a green card through marriage? What are the risks? What if I entered the U.S. without a visa?

This in-depth guide covers everything you need to know about looking for marriage and immigration with DACA. Whether you entered with a visa, overstayed, or came into the U.S. without inspection, we’ll help you understand your options.

What Is DACA?

DACA (Deferred Action for Childhood Arrivals) is a program that protects eligible undocumented young adults, often called “Dreamers,” from deportation and provides temporary work authorization. It’s important to know that DACA is not a pathway to permanent residency or citizenship, but it can still be a helpful status in your journey.

Marriage to a U.S. citizen or green card holder can open the door to applying for a green card, also known as lawful permanent residence, but the process depends on how you entered the U.S. and your immigration record.

Can a DACA Recipient Marry a U.S. Citizen or Green Card Holder?

Yes. No restrictions are preventing a DACA recipient from getting legally married. Once married, you may be eligible to apply for a green card (Form I-485) and begin your path to permanent residency.

To understand your green card eligibility, you’ll need to consider:

1. Who you're married to (U.S. citizen vs. green card holder)

2. How you entered the U.S. (with or without inspection)

3. Whether you have accrued unlawful presence (especially after age 18)

4. Whether you have a travel document (Advance Parole)

5. Any prior immigration violations

Marriage to a U.S. Citizen

This is the most favorable route for many DACA recipients. A marriage to a U.S. citizen typically allows for faster green card processing and more flexible eligibility, especially if you entered the country legally.

You Entered With a Valid Visa

If you were admitted to the U.S. legally, meaning you entered with a visa or under the Visa Waiver Program, even if you overstayed, you’re likely eligible to apply for a green card through adjustment of status.

You can:

• File Form I-130 (Petition for Alien Relative)

• File Form I-485 (Application to Adjust Status) without leaving the U.S.

• Receive a work permit and travel document while your green card is processed

This is one of the smoothest and fastest routes to permanent residency.

You Entered Without Inspection (EWI)

If you crossed the border without a visa or inspection, things are more complex—but not impossible.

Option 1: You Have Advance Parole

If you’ve traveled abroad with Advance Parole and returned, you may now be considered to have entered “with inspection,” allowing you to apply for a green card from within the U.S.

Option 2: You Were Under 18 at the Time of Unlawful Presence

Unlawful presence before age 18 doesn’t trigger reentry bars. If you leave to apply through consular processing, you may avoid the 3- or 10-year bans.

Option 3: You Accrued More Than 180 Days of Unlawful Presence After 18

This triggers the 3-year (180+ days) or 10-year (365+ days) reentry ban if you leave the U.S. To waive this, you’ll need to apply for a Provisional Unlawful Presence Waiver (Form I-601A).

To qualify for the waiver, you must prove:

• Your U.S. citizen spouse would face “extreme hardship” without you

• Your marriage is genuine

• You deserve a second chance

Marriage to a Green Card Holder

The process is similar, but with extra waiting and fewer exceptions.

Adjustment of Status Not Allowed

Even if you entered legally, you cannot apply for a green card from within the U.S. if your spouse is not a U.S. citizen. You must:

• Wait for a visa number to become available (can take months or years)

• Apply for a green card at a U.S. consulate in your country

• Possibly apply for a waiver if you have unlawful presence

Waiver Requirements

Same as for U.S. citizen spouses, you’ll need:

• A Provisional Waiver (Form I-601A)

• Proof of “extreme hardship” to your spouse

• A clean or redeemable immigration/criminal history

This process takes longer and requires more careful planning.

Requirements for a Marriage DACA

Here’s what you’ll need to apply for a marriage green card:

1. Proof of a Valid Marriage

• Marriage certificate

• Joint financial accounts, lease agreements, or utility bills

• Photos together over time

• Affidavits from friends/family

2. Immigration Forms

• Form I-130 (Petition)

• Form I-485 (if eligible for adjustment of status)

• Form I-864 (Affidavit of Support)

• Form I-601A (if required)

• Form I-765 (for work authorization)

3. Identity & DACA Documentation

• Passport & I-94 (if available)

• DACA approval notice

• Work permit (EAD)

Conclusion:

DACA recipients face a unique immigration process, but marriage to a U.S. citizen or permanent resident can offer a life-changing opportunity. However, every situation is different. The process may feel confusing or overwhelming, but you don’t have to figure it out alone.

FAQ’s:

1. Can I apply for a green card if my DACA status has expired?

Possibly. If your marriage is valid and you meet the other requirements (such as legal entry or Advance Parole), you may still be eligible. You should renew DACA if you can, but starting the marriage-based process is not always required.

2. Will getting married fix my immigration status automatically?

No. Marriage is the first step, but not an automatic solution. You still need to apply for a green card and meet all eligibility and documentation requirements.

3. Should I leave the U.S. to apply from my home country?

Only if necessary and only after consulting with an attorney. Leaving the U.S. without a waiver in place can trigger long reentry bans.