Pakistan Fiancee Visa Assistance
If you will marry in the United States with the intention of taking up indefinite residence after marriage, you will require a fiancé(e) visa.
Note: If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a non-immigrant visa.
Children of U.S. citizens who have no claim to U.S. citizenship are eligible for immigration either in the immediate relative category, if under the age of 21 and single, or the family based preference category if over the age of 21 and/or married. Note: Step-children of a U.S. citizen will qualify for immigration in the immediate relative category only if the marriage creating the relationship of step-parent and child occurred before the child’s eighteen birthday.
Derivative visa status is accorded to the child under the age of 21 of the beneficiary of a fiance(e) visa petititon, provided the child has no claim to U.S. citizenship.
If approved (six months is about normal, though this varies based on processing time, and to a degree the relevant embassy), the Application materials will all be forwarded to the National Passport Center for processing. Then the whole paper file wrapper is sent to the US embassy or consulate in the jurisdiction in which the fiancee resides abroad . The Embassy will contact the fiancee and schedule an interview date. In the meantime, the fiancee has to have a medical examination at an approved clinic, to screen for certain infectious diseases like HIV, Tuberculosis and Syphilis. The Embassy staff will question the fiancee and ask for additional documents, to determine the authenticity of the relationship (amongst other things, that it is not an attempt to skirt 'the proper channels' of US immigration law), though the preliminary questioning in this regard is fairly straightforward and brief. If the interview goes well, the visa is granted immediately, but the fiancee's passport may need to be kept for a few days for processing. The fiancee then has six months to enter the US, and 90 days after that to marry the Petitioner. The fiancee cannot marry any other person, and must return if not married to the Petitioner. If the fiancee has children, and they were properly identified in the original petition, then they will be issued K-2 visas. Such K-2 visas depend on the parent's K-1 visa.
Expert Tip # 6
Request the consulate to open a “Provisional File”. Once USCIS completes its review of your I-129F, it will send you a notice, I-797C advising the application is approved, then hand off the file to the U.S. State Department to be sent to the overseas consulate that handles the region where your Fiancee is. Typically about a month will go by before the consulate receives the file, and can take action to contact your Fiancee and send her Packet 3. The I-797C that you receive will confirm which consulate the file is being sent to. Contact the consulate immediately via phone or fax and ask if they can open a “Provisional File”. If that consulate allows them to open such a file, then send them a fax requesting this, along with a copy of the I-797C that you received. The consulate will not schedule an interview with your Fiancee until the actual file has arrived, but can send the Packet 3 to your Fiancee for her to respond to.
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