Laguna Hills, CA Immigration Law Firms & Lawyers

The I-751 petition to remove the conditional basis of residence status mainly looks to see whether the marriage is bona fide. As you have two young children, that burden would be met. If you are both going to the Philippines for 4-5 months, that would probably be all right, but if you put up the petition before leaving, your wife must return for the biometrics. I also note that under the new public charge rule due to come into effect on October 15, 2019, an absence of six months or more may subject a resident to questions concerning ability to support oneself without resorting to public benefits. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Being on probation would not bar her from coming to the U.S. What could bar her from doing so is the crime she was convicted of that she is now on probation for. Many crimes make a person inadmissible to the U.S., even if married to a U.S. citizen. There are waivers available, but I would need to know the crime she was convicted of, the date convicted and the sentence/punishment.

Yes, you have to wait until you are 21 years old, but you may have to wait even longer depending upon the facts. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.