Skip to main content

How long it takes for the spouse of a New US citizen to get the Green Card? Can it be delayed if spouse is with denied I751

Houston, TX |

My I751 is denied by USCIS, ( it was from previous marriage which ended in forceful Divorce for me), I am Remarried to a Green card holder who is due her citizenship for Sept.2012. Will I be able to get Green card based on my current's spouse's citizenship post sept 2012, Or should I expect some kind of problems or delays because of my current status as Denial of I751 by USCIS? USCIS is unaware of my current marriage & child. Please help me with your valuable knowledge! Thank You.

Attorney Answers 3


  1. 6-9 months on a clean case. Yes, an I-751 denial will at a minimum delay matters, particularly if there is a finding of fraud.

    You really, really, need to retain an experienced immigration lawyer to review all the facts and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Your prior denial of your I751 will be a factor in the adjudication of your to be newly filed I130/485 green card application packet. You should hire a lawyer to handle the filing and representation before the USCIS. The lawyer will need to address issues in the prior marriage that could be a problem to approval of the new marriage. Was there a fraud finding in your prior denial? Really -- get a lawyer.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.


  3. Generally, USCIS will start deportation proceedings against you once the I-751 is denied. I suggest you consult with an experienced immigration attorney as soon as possible.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics