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I am a naturalized USC. I was born in Saudi Arabia..I

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married a woman from Pakistan...
I am a naturalized USC. I was born in Saudi Arabia..I married a woman from Pakistan (of which I am also a citizen by way of my parents) while I was visiting Pakistan last December. She has not been to the US. Can I file a I 129 fiancée visa to have her brought here to the US since we have not been married on US soil or do I need to file a I 130? My wife also has a child from a prior marriage that I want to bring over too. Thanks in advance.
Submitted: 2 years ago.Category: Immigration Law
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2/28/2016
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 2 years ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 126,763
Experience: Immigration Law Expert
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you married her, you cannot file a fiance visa, even if you were not married on US soil. If you were married in another country in a legal marriage ceremony you have to apply through the spousal visa and you can apply for your wife and her child as well under the family visa.
It is not whether or not you were married on US soil that makes the marriage valid. If you engaged in a valid marriage in whatever country you were in, then the marriage is valid and you apply for the spousal visa and the family visa for her child.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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