Divorcee citizen sponsoring current husband for GC

[cool2]

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, she hasn't had her permanent resident status for 5 years. Is she eligible to apply for the GC for me?

Thanks for your help

 

[machelon]

interesting...I just read that part of the form. I guess they are suspicious of people that marry a USC, get GC, citizenship, get divorced and want to sponsor another alien, ALL within 5 years. Anyways...part 3.E.2) also says that if you can present clear and convincing evidence that the prior marriage was legit..then no problem. Although this sounds like they would be though on you guys.
I'd say...wait for the 5 years...which should be pretty close. If your spouse got citizenship 3years after marriage, and you said that happened last year...then she should be in her last year before her 5th annyversary of her GC.