Can i filed I-130 based on re-marriage (Approve I-751 Divorce waiver)

[john531 3]

I enter in USA on April 2013 (based on CR-1). I got divorce on Nov. 2014. I filed I-751 ROC based on marriage in good faith but divorce. I got approval in Feb 2016.

If i go back to my home country and marry a girl over there. Can i filed her I-130 (since, I receive my GC based on marriage to US citizen)?

I read instructions in I-130 form, it is confusing.

Who may not filed Form i-130?

5. A spouse, if you gained lawful permanent resident status by virtue of a prior marriage to a U.S citizen or lawful permanent resident unless;

A. A period of five years has elapsed since you become a lawful permanent resident or

B. Your can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the the purpose of evading any provision of the immigration laws

[Russ&Caro 1,549]

My advice is to slow down. You entered into a marriage 3 years ago that turned out to be the wrong decision. And now you're ready to jump into another marriage decision just a few months later. This time try taking your time. Let the relationship evolve to the point where you and your spouse are sure of each other.

Believe it or not, some international marriages happen 5+ years after first meeting. I married my wife after knowing her for 9 years and having taken around 15 different trips to be together.

[Dohan 133]

You would qualify under 5B. You have to show that your first marriage was real (to simplify the terms). So with your new I-130 petition you would include an affidavit explaining how you met your first spouse, what your marriage was like, and why it ended in divorce. That you wanted to try to work it out but it just was not meant to be, etc etc.

Then you submit an affidavit for your second marriage and give the USCIS a "story" how you met, and fell in love and that you are looking to build a life together.

[EM_Vandaveer 2,408]

Or you can wait until April 2018 to petition.