Q: Should we stop K1 (fiance visa) and start F1/J1 (student) visa when petitioner is under criminal investigation?
My fiance has filed a petition for me to come to the US to marry. We are now a month away from the fiance visa interview in my home country (Vietnam). He is now under criminal investigation. Likely he may be arrested in July 2019. We are now considering to cancel the K1 - fiance visa and I may file for student visa to come to the US, because we are worried about me will be deported if I came to the US with K1 visa and file for Adjustment of status to get a green card when he would be arrested/convicted before this process will be done. However, he may never be arrested at all.
We spend over 10 months with ton of paper work to come to this interview appointment. We appreciate any advice and would like to have appointments with a lawyer whom we can trust to help us with this situation.
A: We cannot recommend that you come to the US on either of those visas unless you have a legitimate claim to either one.
There is nothing that would necessarily keep you from coming on a K-1 visa, unless the crime for which might be convicted involved sexual abuse. If not, he can still file the I-129F, you can go the interview and come to the US. There are some complicating factors, certainly; however, we recommend you speak with an immigration attorney before you rule the K-1 visa out entirely.
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