Just because someone is eligible for DACA does not mean that person is eligible for adjustment of status. In fact, under the current immigration laws, the person is NOT eligible for adjustment of status within the US even on the basis of marriage to a US citizen. The I-485 is not going to be approved so save the $1070 in filing for it. It will be consular processing but as soon as your spouse departs the US to go for consular processing, she will trigger an automatic 10 year bar to reentry which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to prove in most cases.
Answered on Apr 09th, 2014 at 11:40 AM