felony conviction

[jacque88 0]

i applied for a k1 visa for my fiance i'm a us citizen with a felony conviction 5 yrs ago only served 8 months . the lawyer said it didn't matter and i didn't have to fill in form.. i have the approval for fiance and it has been sent to nva.. she has no record , but overstayed on tourist visa 3 years ago.. . does my felony matter and will i have to furnish added info i didn't think they would approve and i would have to appeal.. we have met several times and have proof and supplied good support info etc thanks jacque

[pushbrk 12,822]

i applied for a k1 visa for my fiance i'm a us citizen with a felony conviction 5 yrs ago only served 8 months . the lawyer said it didn't matter and i didn't have to fill in form.. i have the approval for fiance and it has been sent to nva.. she has no record , but overstayed on tourist visa 3 years ago.. . does my felony matter and will i have to furnish added info i didn't think they would approve and i would have to appeal.. we have met several times and have proof and supplied good support info etc thanks jacque

Not enough information.

Whether your felony matters depends on whether it was for something like domestic violence. If it was a sex crime, your petition (not application) would have been denied instead of approved. The impact of the overstay depends on it's length. 180 to 364 days carries a 3 year re-entry ban with 365 days or more a 10 year ban.

[~Johnny~ 27]

Not enough information.

Whether your felony matters depends on whether it was for something like domestic violence. If it was a sex crime, your petition (not application) would have been denied instead of approved. The impact of the overstay depends on it's length. 180 to 364 days carries a 3 year re-entry ban with 365 days or more a 10 year ban.

[Darnell 8,478]

I'd stick with the attorney's advice on yer casefile, all the way through. If you are denied, on interview day, then you have absolutely found the wrong attorney.

[jacque88 0]

Not enough information.

Whether your felony matters depends on whether it was for something like domestic violence. If it was a sex crime, your petition (not application) would have been denied instead of approved. The impact of the overstay depends on it's length. 180 to 364 days carries a 3 year re-entry ban with 365 days or more a 10 year ban.

no domestic violence, agg assault on a man, served time, only crime in 63 yrs.. done probation.. how strict are they if it was over 364 days will they hold this up in nva for either problem

[pushbrk 12,822]

no domestic violence, agg assault on a man, served time, only crime in 63 yrs.. done probation.. how strict are they if it was over 364 days will they hold this up in nva for either problem

They are absolutely strict. The visa will be denied at interview and you'll have a shot at filing a severe hardship waiver. These are questions for your attorney. That's what you're paying him for.

[JimVaPhuong 4,863]

no domestic violence, agg assault on a man, served time, only crime in 63 yrs.. done probation.. how strict are they if it was over 364 days will they hold this up in nva for either problem

What was "over 364 days"? The time since your felony conviction, or your fiancee's overstay?

Your conviction doesn't sound like it's covered by either IMBRA or Adam Walsh Act, so it shouldn't cause any problems. That's neither a promise nor legal advice, but based solely on your brief description. Presumably, your attorney has all of the details and is advising you appropriately.

If her overstay was more than 1 year then she has a 10 year ban, beginning on the day she left the US. As pushbrk said, the visa will be denied at the interview. At that point, you can apply for a hardship waiver. If your attorney is worth his/her salt, he/she should be helping you work on the waiver application now. This will hold you up at the consulate, and not at the NVA. Getting the waiver is tough. You definitely should have a good lawyer helping you with this.

[Deep2009 18]

What was "over 364 days"? The time since your felony conviction, or your fiancee's overstay?

Your conviction doesn't sound like it's covered by either IMBRA or Adam Walsh Act, so it shouldn't cause any problems. That's neither a promise nor legal advice, but based solely on your brief description. Presumably, your attorney has all of the details and is advising you appropriately.

If her overstay was more than 1 year then she has a 10 year ban, beginning on the day she left the US. As pushbrk said, the visa will be denied at the interview. At that point, you can apply for a hardship waiver. If your attorney is worth his/her salt, he/she should be helping you work on the waiver application now. This will hold you up at the consulate, and not at the NVA. Getting the waiver is tough. You definitely should have a good lawyer helping you with this.

It depends.....

If your case is approved, you should not worry about "domestic violence, agg assault on a man"

[Brother Hesekiel 2,236]

Can't seem to find the information on how long the fiance overstayed her tourist visa. Maybe it was just for a few short days?