Divorced Permanent Resident remarrying. Can he apply for his spouses Permanent Residency?

Question

He got his Permanent Residency when his wife's (originally on H1B) employer sponsored her Green Card - he was added to the application for adjustment of status from visitor to PR. They got married in Dec 2002 and got divorced in Nov 2006. Now he is planning to get remarried. Can he sponsor his second wife (already in the United States on J1 visa) for a permanent residency? If yes, will his second wife be able to remain in the United States and maintain her J1 status while the application is being processed?

Answer 1

Yes he can file an I-130 for his 2nd wife, however there is a current waiting time of around five years before a visa number will become available for her. So yes once the I-130 is filed she will still be able to remain in the U.S. until her J1 runs out. Once the terms of her J1 expire, then she must return home unless her visa number becomes current.