I got my permanent resident through marriage to a US citizen. I came to US on f-1 visa. We are divorced now. I am currently married to Nepali citizen. We want to be together. I am planning to apply for her Green card. On the website in USCIS it says :
" Section 204(a)(2)(A) of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death. 8 CFR 204.2(a)(1)(i) specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition."
I am wondering what the clear and convincing evidences are? Any help will be appreciated.
Married: April 2009
Temporary PR: August 2010
Permanent PR: Dec 2012
Divorced:March 2014
Married to nepali citizen: June 2014


Thanks

When the first marriage is less then five year, USCIS wants to confirm if the marriage was bonafide or for the purpose of immigration benefit. You were married close to 5 years so try to document each and everything financial, social (affidavit from people who knew you as a couple) etc. Your second marriage is less then 2 months after your divorce so might have to prove why so soon (not that you can't) but was it an arrange marriage or did you know each other before. I usually work with my clients for the affidavit on this. You should be fine! (as long as no fraud involve and you can present the documentation well)


Bandita Sharma-Dahal, Esq.
Tel: 2153924141
www.chhetrylawphiladelphia.com