I 130- Who May Not File Form I 130, bullet # 5

[vieiraleov 0]

Dear All,

I will be sponsoring my spouse for her permanent visa by filling out form I130. It results that, upon reading the instructions WHO MAY NOT FILE FORM I-130, # 5 states: A spouse if you gained lawful permanent resident status by virtue of a prior marriage to a US citizen or lawful permanent resident, unless:....

I gained citizenship through a previous marriage, and am now a US resident. Does #5 apply to my case since I am already a US resident/ citizen?

Looking forward to your repplies.

Best regards.

[Pitaya 2,577]

~Moved from Fam-based AOS to WST-based AOS Forum~

[marymon 15]

If you get green card 5 years ago, you are OK. Even if it is less than 5 years, you can prove your previous marriage is real.