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henry34florida Rookie

henry34florida   0

Posted
Filed: Citizen (pnd) Country: Peru
 Timeline
Posted (edited)

I married my wife in Peru in 2004, filed for a K-3 Visa, waited almost a year for it to be approved so she could come to the USA, and then 19 months later she got her Permanent Residency. We did everything 100% legal to get her here.

My question is this. There are two people that came to the USA from Peru on a Tourist Visa. They overstayed their Visa and have been living here in the USA illegally for about 3 years. Now they claim that because their daughter is a US Citizen, they have now received their Permanent Residency. How can that be? How can you be here illegally and get your Permanent Residency? I am thinking that they are not being truthful. What do you think?

Edited by henry34florida

Our first child, Henry III was born on August 29, 2009!

Thank You Jesus!

MARRIED IN LIMA, PERU 02/21/2004

I-130 TIMELINE

I-130 Receipt Date 03/15/2004

I-130 Approved 11/26/2004

I-129F TIMELINE

I-129F Receipt Date 04/09/2004

I-129F Approval 10/08/2004

NVC TIMELINE

I-129F Received By NVC 10/13/2004

Case Number Assigned 10/14/2004

Case Forwarded To US Embassy In Lima, Peru 10/20/2004, E-mail Notification 10/20/2004

Case Forwarded To US Embassy In Lima, Peru 10/20/2004, Postal Mail Notification, 10/23/2004

US EMBASSY, LIMA, PERU

I-129F Received by Embassy 10/26/2004

Interview Date 11/23/2004, Visa denied, Pink paper issued requesting husband's presence at interview.

Went to Peru, 11/25/2004

Visa approved by Embassy, 11/26/2004

Picked up Visa at Embassy, 11/29/2004

ARRIVED IN MIAMI, FLORIDA, USA

12/03/2004 Thank God!

ADJUSTMENT OF STATUS PERMANENT RESIDENT

Approved 07/27/2006, Orlando, Florida

Thank God!

US CITIZENSHIP, NATURALIZATION

N-400 Received 06/03/2009

Fingerprint Notification 06/11/2009

Yellow Letter 07/29/2009

Interview Letter Received 08/15/2009

Interview Scheduled For 09/21/2009

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thea Proficient

thea   1

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

If the daughter was born here in the US then she would be a US citizen. Once the daughter is 21 she can apply for a greencard for her parents.

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Mr. Big Dog Grand Master

Mr. Big Dog   10,747

Posted
Filed: Timeline
Posted
I married my wife in Peru in 2004, filed for a K-3 Visa, waited almost a year for it to be approved so she could come to the USA, and then 19 months later she got her Permanent Residency. We did everything 100% legal to get her here.

My question is this. There are two people that came to the USA from Peru on a Tourist Visa. They overstayed their Visa and have been living here in the USA illegally for about 3 years. Now they claim that because their daughter is a US Citizen, they have now received their Permanent Residency. How can that be? How can you be here illegally and get your Permanent Residency? I am thinking that they are not being truthful. What do you think?

Only if their daughter was 21 or reasonably close to that when they came here. A USC child 21 years of age or older can sponsor parents same as a USC can sponsor a spouse or unmarried child under 21. They may not even have overstayed if the child filed the I-130 prior to their I-94 expiring. The parents would then have been lawfully present pending the adjudication of the petition the child filed on their behalf. They'd even be eligible for an EAD while the process is pending.

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