Pazandeh, ID#3100, 19 I&N Dec. 884 (BIA 1989)
(1) In visa petition appeals involving section 204(a)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(2)(A) (Supp. IV 1986), the Board will not review the issue of the bona fides of the petitioner's prior marriage if 5 years have elapsed since the petitioner obtained her lawful permanent residence.
(2) Where the visa petition was initially approvable subject to the petitioner's meeting a burden which has lapsed with the passage of time, the majority finds the rationale expressed in Matter of Bardouille, 18 I&N Dec. 114 (BIA 1981), not applicable. Matter of Atembe, 19 I&N Dec. 427 (BIA 1986); and Matter of Drigo, 18 I&N Dec. 223 (BIA 1982), distinguished.
INA 204 [8 USC 1154] ....
(2)(A) The Attorney General may not approve a spousal second
preference petition for the classification of the spouse of an alien if
the alien, by virtue of a prior marriage, has been accorded the status
of an alien lawfully admitted for permanent residence as the spouse of a
citizen of the United States or as the spouse of an alien lawfully
admitted for permanent residence, unless--
(i) a period of 5 years has elapsed after the date the alien
acquired the status of an alien lawfully admitted for permanent
residence, or
(ii) the alien establishes to the satisfaction of the Attorney
General by clear and convincing evidence that the prior marriage (on
the basis of which the alien obtained the status of an alien
lawfully admitted for permanent residence) was not entered into for
the purpose of evading any provision of the immigration laws.
In this subparagraph, the term ``spousal second preference petition''
refers to a petition, seeking preference status under section 1153(a)(2)
of this title, for an alien as a spouse of an alien lawfully admitted
for permanent residence.
(B) Subparagraph (A) shall not apply to a petition filed for the
classification of the spouse of an alien if the prior marriage of the
alien was terminated by the death of his or her spouse.
The prohibition only applies IF the "spouse" of the USC or LPR (YOU) were to remain and LPR and divorce, re-marry and file for a new spouse while still an LPR and the new I-130 (for the subsequent alien spouse) is filed within 5 years of your own LPR status.
This prohibition was envisioned as making it more difficult to divorce (or just delay real marriage), then enter a fraud marriage with a USC or LPR, get a greencard, divorce and remarry "the REAL spouse" and petition for him/her.
Clear as mud?
