QUESTION

Will my fiance criminal record from way back affect my K1 visa application?

Asked on Apr 14th, 2014 on Immigration - Texas
More details to this question:
I am a South African citizen and my fiance is a U.S. citizen. We met about two years ago and last saw each other in December 2012. We came to a point where a long distance relationship is just too hard and well he proposed. We are hoping to find a suitable attorney to assist with my K1 application and my two small kids K2 visas. He says I'm over stressing but for me it is kind of scary to think if the visa is denied I simply cannot spend my life with him. Here comes the reason for my concern: He has a criminal record from way back in the 80's and well he did 7 years jail time. He was charged for being in possession of substances that could be used to make some kind of drug. Please tell me this would not end up being an issue and have our application be denied. My record is totally clean.
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4 ANSWERS

It should not affect the K-1/K-2 visa process.
Answered on Apr 24th, 2014 at 1:12 PM

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Adebola O. Asekun
As a general rule, the criminal history of a US citizen has no bearing on his/her eligibility to file a fiance or other petition for his/her family member However, in certain limited instances, the criminal record of a US citizen may be of tremendous concern with respect to the US citizen's ability to successfully bring a family member into the US. Therefore, you must insist that your US citizen fiance agree to provide unfettered access to his criminal past. If he was ever convicted of acts constituting domestic violence or violation of orders of protection, then, a petition by him may not be approved by CIS under Adam Walsh Act, [2004I. Next, notwithstanding my earlier comment that the US citizen's criminal history has no bearing in the immigration context, please note that as part of the 1996 overhaul of US immigration law, where a US citizen was convicted of or suspected of drug trafficking or money laundering, the alien fiance or family member of such US citizen may experience difficulty in obtaining admission into United States. I must admit I do not have sufficient information to conclude one way or the other about the odds of obtaining a fiance visa, and as such, I suggest that you and your fiance should contact an experienced immigration attorney before you file any paperwork with CIS.
Answered on Apr 21st, 2014 at 3:10 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It should not be an issue. USCIS would be more concerned with your criminal history, if any, that that of your U.S. citizen fiance.
Answered on Apr 16th, 2014 at 6:38 AM

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In this case, his conviction for the possession/manufacturing of controlled substances will not affect his eligibility to petition for you as his fiancee. However, the fiance petition must be filed within 2 years from the date of your last meeting in person. Thus, you only have a few months left to gather the supporting documentation for your case and to file the I-129F petition with USCIS.
Answered on Apr 15th, 2014 at 2:44 PM

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