Q: Will My Stalking Conviction Prevent My Fiance From Obtaining K1 Visa?
Will My Stalking Conviction Prevent My Fiance From Obtaining K1 Visa?
I am a US citizen trying obtain a k1 visa for my foreign girlfriend of 2 years. I am worried this application will be rejected because I was convicted of misdemeanor stalking and 2 counts of trespassing 11 years ago. I had a public defender and filed an Alfred plea, and all I can say is that I never stalked anyone. But the conviction is there so I am not deeply concerned that this will be viewed as though I am a danger to my fiance and she will not be able to obtain a visa. She has no criminal history. Will the stalking prevent me from getting her visa? Do I even need to disclose the trespassing charges?
A: In general, a U.S. citizen's criminal arrest/conviction history will not stand in the way of succeeding with a K-1 application for a fiancee. In some instances where the victim was a minor child, however, immigration authorities may bar a U.S. citizen from a family-based petition, but that bar may be subject to a waiver.
In keeping with Justia policy, this communication is intended as general information and not legal advice, and it does not create an attorney-client relationship.
David N. Soloway
Frazier, Soloway & Kennedy, PC
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