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Married for less than 2 years. Can we file for the I-130? Do we have to file the I-751?

Hazleton, PA |

My husband and I have been together for 10 years and have 3 kids. We married last May. I have no legal status in the US. I was brought into the US at 2 without any visa etc. Nor Immigration or the Police have record of me. He was going to file the I-130, but we noticed that we have to file for an I-751 since we've been married for less than 2 years. Does this apply to me since I have no legal status in the US? What is the I-751 for?

Should I send in other forms as well?

Attorney Answers 6


  1. Best answer

    It also sounds like you would need a waiver or you could qualify for another benefit if you graduated from high school here and if you are under 31 years old. Please contact an attorney. And dont file an I-751!!!!


  2. You only file the i751 two years after being awarded your green card. This is not filed initially. You would initially file an I130 with other supporting documents. Consult an attorney to assist you.


  3. I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com


  4. Since you entered the US illegally, you should consult with an immigration attorney before filing any petitions with USCIS.

    It is possible that you will be able to file the I-601 waiver while in the US.

    At this point, you do not need to worry about the I-751. That form is filed when you are granted a Temporary Green Card and are applying for the permanent (10 year) card. You do not file it concurrently with the I-130.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street, Suite 200, New York, NY 10014 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.


  5. Since your question makes little to no sense, it's pretty clear you do not understand the process at all and is likely you will be denied and possibly placed in removal proceedings if you do not hire a professional to help you. The fact that you entered illegally makes this more likely, you really need an attorney to see if you qualify for any relief.

    Legal disclaimer: The statement above is general in nature, 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.


  6. YOur husband can file the I130 IF he is a US citizen or Lawful Permanent Resident. The I751 would only be filed if you receive your Green Card BEFORE your second wedding anniversary. HOWEVER, since you entered illegally, there are several issues that need to be clarified before your husband files any petition for you as you may find that instead of giving you a green card DHS is deporting you. depending on when you last entered the country and whether any petitions have previously been filed for you or certain of your family members, you may have to leave the country and then reenter only if a waiver is approved on your behalf. You may be eligible for the I601a waiver. Or you might be 245i eligible. For these and many more reasons you and your husband should consult with an immigration attorney before doing anything.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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