choonyin76

Hi all,


I am a H-1B visa holder who got married to a divorcee US citizen
earlier this year. She got her initial GC through her previous marriage
and became a US citizen last year.

As I went through the I-130 form, there is a section that mentions:
************************************************** ******
You may not file for a person in the following categories:
A husband or wife, if you gained lawful permanent resident status by
virtue of a prior marriage to a United States citizen or lawful
permanent resident, unless:
A period of five years has elapsed since you became a lawful permanent
resident; or
************************************************** *******

Since my wife is a US citizen right now, does this restriction still
apply? Although she is a US citizen right now, it has only been 4.5
years since she got her greencard. Is she eligible to apply for the GC
for me?

Thanks for your help

Noorah101

I'm not an immigration attorney, but just from a layman's point of view, it seems from those instructions that she cannot. It specifically says she cannot submit an I-130 until 5 years after she became a PR. It seems those 5 years are not finished yet. That's my understanding of it.

Best Wishes,
Rene

Folinskyinla

Hi:

This section was added by the 1986 legislation and applies ONLY to petitioners who have green cards. It pays to remember that back in 1986, the "2nd Preference" category has no or little backlog. So, the section is pretty much dead letter now. IOW -- don't worry about it.

BTW, there is one BIA case from the late 80's by the name of Patel which I like to quote a lot -- it has wonderful language that even in the face of a presumption of fraud, the evidence cannot be presumed to be fraudulent or that any negative inference that can be drawn must be drawn.

Sam36

If she is a US citizen right now i guess you have no problem, when she apply for you dont worry its will take some time maybe more than 6 months so if you add that with how long she have been here its will be 5 years.

Rete

Why oh why do you chose to call her: "Divorcee Citizen" There is no country called "Divorcee" to be a citizen of.

Plus she is not a divorcee as she is married to you, hence she can be known as a "wife". Me thinks you have little regard for your wife to think of her in such derogatory terms. Since you are here on an H-1B and assuming it is still valid if you are so considered about her rights, then have her hold off filing the I-130 for another 6 months.