Q: Can I get a fiancé visa with a domestic and not enough income?
I can get my mom to co sponsor or her aunt who lives in America as far finances go I only get ssi. But for my criminal record I was charged with sexual assault and domestic. My ex told the police I slapped her and pressured her into sex when she didn’t want. This was 10 years ago. I pleaded guilty to domestic and the sexual assault charge was dropped. I was 21 and she was 16. So I’m not sure if it counts as a minor when age of consent is 16. I also have a few theft things but I was told that isn’t relevant. Will the Walsh act prevent me? And how serious is the lack of income if she has family here and my family is willing to help?
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A:
Under U.S. immigration law, there are various factors that can impact your ability to petition for a fiancé visa. Regarding the income requirement, if you do not meet the financial criteria, a joint sponsor, like your mother or the fiancé's aunt, can help meet the Affidavit of Support requirements, as long as they satisfy the income guidelines. However, your criminal history could present challenges.
The Adam Walsh Child Protection and Safety Act can bar U.S. citizens with certain criminal convictions from sponsoring a foreign national, especially if they involve a minor, even if the age of consent was met. Your guilty plea to domestic violence may also raise concerns about the safety and welfare of the beneficiary. It's essential to provide full disclosure of your criminal record and consult with an immigration attorney to evaluate your specific circumstances. They can guide you on how best to present your case and address potential barriers to approval.
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