What type of Visa do I qualify for?

[MadihaA 0]

Hello,

 

My father had filed the I 130 on my behave. He is a naturalized US citizen.  The petition was approved and now I have been contacted by the NVC to submit the documents and proceed further. Since filing my petition, my father has retired and moved back to Pakistan.

What type of Visa do I qualify for? And any idea how long it will take to submit the documents and by when will the interview be scheduled?

Anyone who recently migrated to the States from Pakistan and can help me out? How to go about getting the degree, inter and o levels certificates attested? 

[aleful 1,905]

hi

 

 none for residency right now, the GC is for reunification purposes. if your father has gone back to his country, then there is no need for reunification, the petition will be denied, since he no longer lives in the US.

 

you can try to get a temporary work or student visa.

 

 

[MadihaA 0]

1 hour ago, aleful said:

hi

 

 none for residency right now, the GC is for reunification purposes. if your father has gone back to his country, then there is no need for reunification, the petition will be denied, since he no longer lives in the US.

 

you can try to get a temporary work or student visa.

 

 

That makes no sense. He is a US citizen since before I was born. Do you have anything to back what you just said?

[aleful 1,905]

the main reason for bringing a family member to the US is for family reunification, if the petitioner doesn't live in the US, there is no reunification to begin with,

 

the petitioner has to have a US domicile, proof of living in the US, filing taxes

 

why would your father petition you to be with him if he no longer lives in the US? His primary residence is Pakistan now.

 

 

 

 

[MadihaA 0]

2 hours ago, aleful said:

the main reason for bringing a family member to the US is for family reunification, if the petitioner doesn't live in the US, there is no reunification to begin with,

 

the petitioner has to have a US domicile, proof of living in the US, filing taxes

 

why would your father petition you to be with him if he no longer lives in the US? His primary residence is Pakistan now.

 

 

 

 

But do you have any proof of this? Anyone else who would like to share what they think. I am very confused 

[SusieQQQ 11,586]

Just now, MadihaA said:

But do you have any proof of this? Anyone else who would like to share what they think. I am very confused 

Aleful is correct. It is not like British etc where they just pass on citizenship regardless, it is family reunification and the sponsor is required to show US domicile (and US earnings by the way). If your father wants to move back before your interview and be able to show proof of US residence & sufficient US income for the affidavit of support, then you can still proceed. It may be tricky anyway as his 3 years tax returns will obviously show he has not been living in the US. 

[SusieQQQ 11,586]

Is Residence in the U.S. Required for the U.S. Sponsor?

 

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html#1

 

There’s much more detail out there but this is a short version from an official website 

 

Edited May 30, 2019 by SusieQQQ

[Boiler 45,673]

Do you have another family member in the US who could sponsor you? What about your Mother?

[Lil bear 4,252]

3 hours ago, MadihaA said:

That makes no sense. He is a US citizen since before I was born. Do you have anything to back what you just said?

Aleful is correct. Immediate family visas are for family reunification and the petitioner meet be resident in the US for this visa to be available 

[MadihaA 0]

1 minute ago, Boiler said:

Do you have another family member in the US who could sponsor you? What about your Mother?

I have my brother who is there

[Boiler 45,673]

Assuming your Brother is a USC then he can currently anyway sponsor you.

[SusieQQQ 11,586]

7 minutes ago, MadihaA said:

I have my brother who is there

He can sponsor you (assuming he is also a citizen) but it will take about 13-15 years. 

[WeGuyGal 1,052]

1 hour ago, MadihaA said:

I have my brother who is there

Assuming the brother is a US Citizen himself, a sibling petition gets current in approx 15 years, maybe longer. 

 

A US citizen parent can't just automatically sponsor a child without actually living (or planning to live) in the US. That us called US domicile. Therefore if he obtained US citizenship, then decided to move to Pakistan thinking he'd use that Citizenship to sponsor his child into the US, you are mistaken. As others noted, family-based green cards are for reunification. 

 

Have you checked to see if you yourself qualify for US citizenship if your father was a US citizen before you were born? Requires your father to have been living in the US as a US citizen for a certain length of time. 

[MadihaA 0]

3 hours ago, WeGuyGal said:

Assuming the brother is a US Citizen himself, a sibling petition gets current in approx 15 years, maybe longer. 

 

A US citizen parent can't just automatically sponsor a child without actually living (or planning to live) in the US. That us called US domicile. Therefore if he obtained US citizenship, then decided to move to Pakistan thinking he'd use that Citizenship to sponsor his child into the US, you are mistaken. As others noted, family-based green cards are for reunification. 

 

Have you checked to see if you yourself qualify for US citizenship if your father was a US citizen before you were born? Requires your father to have been living in the US as a US citizen for a certain length of time. 

Okay, I think the confusion here is that my father had moved back for good. That is not the case. He has ties to the US

[Daphne . 1,888]

10 hours ago, MadihaA said:

Hello,

 

My father had filed the I 130 on my behave. He is a naturalized US citizen.  The petition was approved and now I have been contacted by the NVC to submit the documents and proceed further. Since filing my petition, my father has retired and moved back to Pakistan.

What type of Visa do I qualify for? And any idea how long it will take to submit the documents and by when will the interview be scheduled?

Anyone who recently migrated to the States from Pakistan and can help me out? How to go about getting the degree, inter and o levels certificates attested? 

 

44 minutes ago, MadihaA said:

Okay, I think the confusion here is that my father had moved back for good. That is not the case. He has ties to the US

In your post you were pretty clear that he had moved back to Pakistan? Retired and moved back sounds pretty much 'for good'? How long has he been back in Pakistan? When will he return to The States? It is not about having ties in The States..