K1 visa or Spousal Visa

Member since 20 June 2017

ChikkakimNew member20 June 2017 06:02:52

Hi I just wanna know if which is easy to apply, K1 visa or Spousal Visa. My boyfriend has a criminal records from the past like it's more than 3 records because of drunk driving. He's afraid that he's records would affect for the k1 visa application so now he wanted to marry me here in the Philippines thinking that it will work sure to get me to US. Any advice please.

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twostep Serial expat

Member since 01 July 2011

twostepSerial expat20 June 2017 11:45:24

466

DUI has no bearing on his ability to sponsor you. What works better for your personal situation - CR1 or K1?

Chikkakim New member

Member since 20 June 2017

ChikkakimNew member20 June 2017 12:41:58

He got more than 10 records in the past. He asked advice from a lawyer and it says it's impossible for him to be successful for the fiance visa application as he got bad records.

GuestPoster491 Guest

GuestPoster491Guest27 June 2017 06:53:33

Chikkakim wrote:
He got more than 10 records in the past. He asked advice from a lawyer and it says it's impossible for him to be successful for the fiance visa application as he got bad records.

He is not the one applying for a visa, you are. As mentioned by the previous reply, his criminal record is not a factor, only his ability to support you. Although with an extensive criminal record, his ability to support you may be suspect to say the least.

twostep Serial expat

Member since 01 July 2011

twostepSerial expat27 June 2017 12:30:21

466

I129 gets initiated by the US side.

Chikkakim New member

Member since 20 June 2017

ChikkakimNew member28 June 2017 00:30:02

Thank you for the reply. He got confused applying the k1 visa for me as the lawyer tell him that once my Visa got denied because of his criminal records from the past, it will become a flaws on my next application for other visas. The lawyer advise him that spousal visal is best as the consulate don't questions about his background.

twostep Serial expat

Member since 01 July 2011

twostepSerial expat29 June 2017 12:06:35

466

Have you gone over the actual forms for K1?
Did you not post that you are still married? CR1 is no option then.
Just because someone hangs out a shingle does not make him/her an immigration attorney:) Yes, there are convictions which strip certain rights, one of them being able to sponsor a non-US spouse or fiancé. Without details about convictions there is no way to make even a halfway intelligent guess.