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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 116707
Experience:  Immigration Law Expert
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I am a naturalized USC. I was born in Saudi Arabia..I

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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: 1 year ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 1 year ago.
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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