Q: I am engaged to a Mexican citizen. He lived in the US for 17 years and had a DACA work permit. In 2014, he got a DWI.
He didn't get his daca revoked or a deportation order, just paid his fines and did comm. service. However, his DWI made him unable to renew DACA. Being that SB4 passed or was in the process of passing, he didn't want to risk deportation due to being undocumented. He willingly went back to Mexico to finish college as I am finishing college here. What is the process, if we get married in Mexico, to bring him here and get his residency? Does his DWI complicate things? How long is the process? We are both in college and, consequently, don't have high incomes, is this a factor?
A: It really depends how long you decide to wait to get married. Once you are married (legally), you can file an I-130 for him. When the I-130 is approved, he will probably need a waiver. Ultimately he will have to be processed through the consulate. If your income is low, you can get a joint sponsor. Consider working with an attorney on this.
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