What type of Visa do I qualify for?

[SusieQQQ 11,584]

49 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

Any such "confusion" would have been due to your saying "Since filing my petition, my father has retired and moved back to Pakistan."

 

Now, what "ties"?  Did you see that the definition of domicile above is " your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future". Just having "ties" is not enough to sponsor someone. 

 

I presume all his tax filings and obligations to the IRS are up to date?

Edited May 30, 2019 by SusieQQQ

[MadihaA 0]

3 minutes ago, SusieQQQ said:

Any such "confusion" would have been due to your saying "Since filing my petition, my father has retired and moved back to Pakistan."

 

Now, what "ties"?  Did you see that the definition of domicile above is " your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future". Just having "ties" is not enough to sponsor someone. 

 

I presume all his tax filings and obligations to the IRS are up to date?

Yes. I went through the link that was attached. He has a domicile and his taxes are up to date

[WeGuyGal 1,052]

11 hours ago, MadihaA said:

 

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? 

 

1 hour 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

Retired and moved back translates to moved back for good. 

 

Ties, by themselves, aren't enough. He needs to "move back" to the US to be eligible to sponsor you. 

[Boiler 43,381]

Anybody sense a ToS violation?

[MadihaA 0]

52 minutes ago, WeGuyGal said:

 

Retired and moved back translates to moved back for good. 

 

Ties, by themselves, aren't enough. He needs to "move back" to the US to be eligible to sponsor you. 

Okay. So that means I shouldn't go forward with the application. I am not going to risk any violations or rejection. And from what I have read so far, if he goes back now, it will be of no use. 

 

The only option available is reapply, right?

Edited May 30, 2019 by MadihaA

[MadihaA 0]

7 hours ago, Boiler said:

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

He is. So, we start from scratch?

[Just Paul 4,591]

2 minutes ago, MadihaA said:

He is. So, we start from scratch?

Yes

[SusieQQQ 11,584]

1 hour ago, MadihaA said:

Yes. I went through the link that was attached. He has a domicile and his taxes are up to date

? domicile means where he mainly lives but you said that's Pakistan now.

[Amadia 711]

I think it is safe to say that all members who have responded were helpful and informative to your initial post.

However, I wish you the best of luck in your visa journey, if one exists for you. 

[JFH 12,189]

7 hours 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

That was a quick change of tack when you realized your plan was flawed. 

 

So his main residence is in the US? Having “ties” to the USA is not enough. My mother has “ties” to the USA in that her first-born daughter lives here. That doesn’t mean anything. 

[AstroCanada 206]

5 hours ago, MadihaA said:

Okay. So that means I shouldn't go forward with the application. I am not going to risk any violations or rejection. And from what I have read so far, if he goes back now, it will be of no use. 

 

The only option available is reapply, right?

If your father really does re-establish domicile in the US, then he could support your petition.  But if those "ties" you mention are less than living in the US, the consulate will reject you at your interview, if the NVC doesn't catch on before.  

[ihaveadream 19]

How old are you?  How did your father get his citizenship?  Were you qualified for deriving citizenship at time of your birth?  Just angles I thought that are not addressed.  Not sure of exact details on this, but do look it up.

[HRQX 4,145]

13 hours ago, WeGuyGal said:

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. 

Correction: Physical presence in the US before becoming a USC also counts: https://ru.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

Edited May 31, 2019 by HRQX