When applying for a K-1 fiancé visa, many individuals wonder how a past felony conviction might impact their chances of approval. One of the most common questions is whether a felony will cause trouble during the visa process. Understanding how criminal history can affect visa applications is crucial, as it depends on various factors, including the nature of the felony and the discretion of the consular officer handling the case. In this article, we’ll address one of the most frequently asked questions about the impact of a felony on K-1 visa eligibility, highlight key considerations, and discuss potential outcomes based on past cases.
Question:
"I have a felony from over 10 years ago. What are my chances of getting my fiancé approved for a K1 fiancé VISA?"
Answer (as discussed in the video shown at the bottom of the page):
Without knowing what the felony conviction is, that's difficult to say. As I've said before, everything comes down to the discretion of the consular officer conducting the interview and it also greatly depends on the felony.
If you're interested, you can check online for IMBRA, International Marriage Broker Regulation Act, and you can see a list of convictions that could cause you to get denied. In some cases, we may refer you to an immigration attorney.
I don't believe there exists an exhaustive list of criminal convictions that would disqualify somebody but what we have learned after all our years in this industry and all that we've done and seen in red is that there are two categories that may cause you trouble. An immigration offense that landed you a felony. I mean if you're caught making fake passports or something. That might not look good. Or sexually related. So, if you've got a history of being violent, especially sexual violence, that's going to be a problem because they're looking out for the best interest of the alien in that case. Those two things, even then, they don't necessarily preclude you because again, there's no exhaustive list, but that's something you may have to worry about.
Now, having said that though, if it's 10 years ago and you stole a car, I have seen that exact one. We did one for a person that did three years in prison for mortgage fraud. And it goes on and on. We've certainly seen a lot of people who've had drug arrests, a lot of them. It's surprising how many people have little minor marijuana possession or something in their background. These things normally are not going to be a problem. Now, you're going to have to document it, you've got to come up with the disposition paperwork or whatever so you will need to document it and you will need to disclose it. Last thing you ever want to do is be dishonest or intentionally omit things from your application.
Generally, if it's not those first two categories I mentioned, generally we've seen it's not been a problem.
Watch the video here: