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i was convicted of a felony in 2001, and me and

 

Customer Question

i was convicted of a felony in 2001, and me and my fiance whom is from Germany would like to marry after 4 years of going back and forth. but I had just read that because I have a criminal record, it disqualifies us from being able to obtain the k1. is this true?? any hopes?? advice?

 

Optional Information:
state college, Pennsylvania

Submitted: 1885 days ago.
Category: Immigration Law
Value: $15
Status: CLOSED
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Expert:  wjbanks replied 1884 days and 23 hours ago.

Are you a US citizen or are you a foreign national as well?

 

Customer replied 1884 days and 22 hours ago.

Reply to wjbanks's Post: I AM A US CITIZEN, MY FIANCE IS FROM GERMANY..IM THE ONE WITH SOMETHING ON MY CRIMINAL RECORD. IN 2001 I WAS 24 AND MADE THIS MISTAKE OF GETTING INVOLVED WITH SOMEONE UNDER AGE...LONG STORY. NOW HERE WE ARE YEARS LATER, ME AND MY FIANCE HAVING BEEN GOING BACK AND FORTH FOR 4 YEARS NOW. I WAS JUST READING THAT THE K1 WOULD NOT BE APPROVED, BECAUSE I HAVE A CRIMINAL RECORD. TRUE? ANY ADVICE?

Accepted Answer

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Expert:  wjbanks replied 1884 days and 21 hours ago.

Your criminal history has absoultely no bearing on the ability of your fiance to obtain any Immigration benefits. USCIS not only cannot consider it, but they wouldn't even know about it! As such, you may file a fiance visa petition as your earliest choosing. The only way a criminal matter would have an effect on the case would if it was your fiance that had the criminal conviction.

Good luck with everything!

 

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 100.0 %
Accepts: 300
Answered: 3/4/2008

Experience: 8 years practice experience, published in State Bar Journal

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