Talk To A Chicago Immigration Attorney
312-332-2550
Can You Get a K-1 Visa if Your Fiancé has a Criminal Record?
Looking for A Specific Post? Search Below
A K-1 visa allows a foreign fiancé of a United States citizen to travel and enter the United States to be married to his or her fiancé. The K-1 visa holder can also obtain a green card after getting married to a U.S. citizen fiancé. At Kriezelman Burton & Associates, we have experienced immigration attorneys who help individuals in the Chicago area apply for and obtain this K-1 visa.
However, obtaining a K1 visa for a fiancé of a United States citizen is not automatic. Both the U.S. citizen and foreign fiancé must satisfy the requirements for the visa. For example, if the foreign fiancé has been arrested before the application for the K-1 visa is submitted, or if he or she has a conviction or other criminal record, the visa application may be denied. If that is your situation and you are wondering whether your fiancé will be given a K-1 visa, then you need the services of a good fiancé visa lawyer to help you.
Obtaining a K-1 Visa for a Fiancé with a Criminal Record
If your fiancé has a criminal record, then he or she is “inadmissible” under U.S. immigration law. To be inadmissible means one is not eligible to get a visa if any of the grounds listed as inadmissibility grounds apply. Having a criminal record is one of those grounds of inadmissibility. The ground applies even if the underlying conviction was expunged (legally removed) from someone’s criminal record.
However, your fiancé may still be able to get a K-1 visa in one of two ways:
- The fiancé was convicted of only one crime and meets certain other criteria for the «sentencing exception.» A sentencing exception is available and can be used to avoid being found inadmissible if your foreign fiancé was convicted of only one crime and the maximum penalty possible for that crime is less than one year. The exception is determined by looking at what the law says about the maximum sentence for the offense, not how much time a person was sentenced to. However, the sentencing exception does not apply to drug crimes.
- If your fiancé does not qualify for this sentencing exception, then they may still avoid being found ineligible for the K-1 visa by requesting what is known as a “waiver of admissibility.” A waiver of inadmissibility is an application asking the U.S. government to forgive someone’s criminal record so that they can be approved for a visa to enter the United States (or to receive some other immigration benefit). A fiancé who does not qualify for the sentencing exception might still be eligible to request a waiver of inadmissibility.
Learn How Our Illinois Immigration Attorney Can Assist You
If you are in the Chicago area and need help with obtaining a K-1 visa, contact our office today and schedule your initial consultation to learn how Kriezelman Burton & Associates can help you.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | privacy policy