Not all citizens have same rights?

[alex2009la 0]

My wife got her first green card 6 years ago ( Through marriage with US citizen) and divorce 3 years later. This year she got her citizenship through 5 years right. We married last summer ( live together for 3years) .

Last week we have interview for my green card , interview was really easy but IO told us that we don't know all laws and maybe my wife can't make petition for green card because she just get her citizenship ( 4 months ago )and need ask supervisor about this case . When I asked how long it's can take she told me can't give me time frame but if I need go my country I can apply for travel document ( it's take 3 more mothers just for approval, didn't apply because I overstate my visa and no guarantee that I can enter US ).

I try to find this law but no luck.

Week later still "Testing and Interview" on my case online, on interview we got paper "an additional review is required to determine your eligibility" and IO did not take my I-94 ( just copy )

P.S. sorry for my English, still learning

[Hypnos 6,576]

The IO was mistaken.

[Highyella72 11]

I got my citizenship in may 2011, and applied for I130, she has the same rights as any American now.....

[aaron2020 11,651]

She has the same rights as any other citizen to petition her family.

Perhaps you are misunderstanding the IO because you may have a bankrupt other immigration problem because of your visa overstay.

Edited September 28, 2013 by aaron2020

[NigeriaorBust 4,087]

There is a 5 year clock on using the I130 if you got your green card through marriage to a USC . You can get a waiver of the requirement by showing that the old marriage was bonifide. When you filed the I130 was it more than 5 years after her getting a green card ? .

[alex2009la 0]

NigeriaorBust

5 years and 5 months

[Darnell 8,478]

Sorry, the Immigration Officer will put more scrutiny into the case,

as

the petitioner is a Naturalized Citizen, and recently naturalized, getting first green card because of marriage to a USCitizen.

That's a red flag, there will be more scrutiny. Expect more time for final adjudication.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[alex2009la 0]

Ok, Thank You

[Shiobhan 235]

I believe there's some truth to some USCs having

more rights than others...but I wont go there now,

its also my understanding for waiver proceeding of

212 & 601 the rule is, if a naturalized citizen file

these waivers their beneficiary have less favorable

points than by citizen of birth.

OP in your case they may be looking into wife first

marriage and divorce after obtaining benefits to re-marry

and file for you, who's quickly applying for citizenship, u

may divorce and be re-married in 2 years

Edited September 28, 2013 by Jihana

[alex2009la 0]

Oh, my real life story looks like fake :'( Ok thank you for information. So maybe we will have more interviews ?

[alex2009la 0]

My wife married with her ex husband in different state , when they moved in my state her ex husband found bad friends and problems began... She can apply for citizen on 3 year rule soon but don't want be married, ~2 .5 years later got her citizen on 5 years right.