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I'm getting married and I want to apply for a green card. Do I have to file a 751 form as well as a I-130?

Los Angeles, CA |

Hello , I read somewhere that besides the I - 130 my finance ( soon to be husband ) , has to file a 751 form because we have not been married for 2 years . Is this true ? Is there anything else we have to file ? I have entered legally , was a student on a F - 1 visa , and have been on OPT for a year .

Attorney Answers 4

Posted

Based on the information provided in your question, I can only extrapolate that you are definitely confused about the process and need to consult with an immigration attorney. Just to illustrate, those two forms never go together.

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Posted

Wether you will need to file the I-751 depends on how long you have been married at the time you are granted permanent residence.

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.

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Asker

Posted

So I-751 is not something I have to file to get a green card?

Posted

I would have to agree with my colleague - you should probably consult with an immigration attorney to have the petition and application reviewed.

Like my colleague mentioned, the I-751 is used to remove the condition placed on a resident because the marriage is less than 2 years old. This is done within 90 days preceding the 2-year anniversary of the date you were provided with a green card.

Yes, an I-130 will be necessary for the application once you are married, but you're missing a lot more. I would suggest you either do hours of research, or hire an attorney because this might lead to an RFE (request for evidence) or even a denied application.

Best of luck on whatever you choose.

Peter Kyung, Esq.
Carson & Kyung, A Law Corporation
2377 Gold Meadow Way, Ste 220
Gold River, CA 95670
O: (916) 241-3336 | M: (916) 201-6763 | F: (916) 303-2334
Website: www.carsonkyung.com

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Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer

Peter Min-Su Kyung

Peter Min-Su Kyung

Posted

Thank you, Counselor.

Posted

In order to qualify for Green Card on the basis of the marriage your process starts with the I-130 “Petition for Alien Relative”, amongst other forms to be filed simultaneously.

Form I-751 Petition to Remove the Conditions of Residence is to be filed within the two years of the marriage from the date of approval. Usually, allowed to file three months prior to the second anniversary of the marriage approval.

In your case, you need to get marriage approved first with USCIS, if marriage approves you will have conditional green card for two years. You need to file I-751 to remove the conditions at the end of the second anniversary, preferably three months prior to the second anniversary.

Congratulations and good luck to you.

(FEB)

Universal Immigration Centers, e-mail: universallawcenters@gmail.com of Steve Kassam 951.566.4050 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. The statement above does not create an attorney/client relationship. Answer is provided for informational purpose only.

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Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer

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