K1 visa

[vanyauzunova]

Hi, I have a question about K1. I am a non US citizen and my US fiance has filled the petition for K1 for me. The attorney said there was a new law and my fiance must also include a form with his criminal records. I would like to ask if his criminal past would affect my visa. Thank you very much.

 

[ImmigAttyLana]

The US citizen does not have to provide any information about his/her criminal history. He/She is not the one applying for the visa; the foreign national is.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[vanyauzunova]

Dear Lana, thank you very much for your reply. We hired Hollms and Lolly K1 attorneys, if you have heard about them. They say there is a new law about K1 and the petitioner(US fiance) must include a form with his criminal records and they say that they dont know how this could affect my visa. I have no criminal record at all but he has been charged a lot in his past, all for drunk driving and disorderly conduct, even now he is on a probation for drunk driving. Anyway he has not been charged for the last 3 years. I am very much afraid that this could affect my visa and also what about the fact that i got denied for B2 last may? I tried to get B2 last year in may to meet him, so we can apply for K1 but i got denied, on my interview i did not mention about him at all. Is it possible that they still keep everything on a record from my B2 interview and now when i go for K1 interview, would i have problem with the fact that i did not mention the real purpose of my trip when i applied for B2- to meet him. I just said i would like to go on holiday. Thank you again.

 

[ImmigAttyLana]

I have not heard of this lawfirm. I have also not heard of such a law (I don't believe there is anything like this, but if they can give you a citation to that law, that would be helpful). There has never been any issue with US citizens applying for a fiance visa petition regardless of their criminal history record since they are not the ones being "investigated" for purposes of determining admissibility, etc.

I don't think you should have any issues with this, but I would like to know what law the attorneys you are talking to are referring to.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[vanyauzunova]

Ok, Lana, thank you again, and what about my B2 denial last year? Could it affect my K1 now?

 

[ImmigAttyLana]

No. One should have nothing to do with the other since the requirements for getting each visa are very different.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[ImmigAttyLana]

I think I understand now what you were talking about when you asked about the US petitioner having to provide a criminal history. You were referring to the newly signed International Marriage Broker Regulation Act of 2005 which was recently signed into law by President Bush. This is, in fact, going to require the US petitioner for a fiancee visa to disclose certain facts about his/her criminal history, etc. but this is really intended as protection for someone in your situation where you may not know of your fiance's past, etc. This should not affect your ability to obtain a fiancee visa on the basis of his petition although some serious convictions in the past of your fiance may color the judgment of the consular officer. It is unclear yet how this is really going to be enforced since the law is just going into effect now.

Please let me know if you have any additional questions at this time or how i can be of further assistance to you in this matter.

Lana
Immigration Attorney