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

Asked over 2 years ago - 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. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more
  2. Elizabeth Clare Surin


    Contributor Level 15

    Answered . 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... more
  3. Javier G Pineda

    Contributor Level 17

    Answered . 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... more

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