K1 Visa Beneficiary has a protection order against his name.

[CassieJo 7]

Long story short, I knew from an early time that my fiance had a protection order listed as domestic violence against him. This was from 8 years ago shortly after he divorced his ex wife and was seeing someone new. The order was given on the grounds of an argument between his girlfriend, him and the ex wife after repeated harassment from the ex wife that led to an argument (I've actually read the messages). Regardless she stated that she felt threatened and the order states the reason was due to hateful speech via text eventhough he lived well over 16+ hours away. Until recently his ex wife was going to remove the order but has had a "change" of heart unfortunately out of spite even after speaking with our lawyer and her representative she refuses with no reason. They've even been together in one location over the years because they share a daughter. All with no issues.

 

Additional details worth noting is that he's never been charged with Domestic Violence nor does he have a criminal record not even a speeding ticket... we recently received the police clearance verifying this. He truly is a good man that ended a bad marriage that has haunted him for 8+ years. 

 

My questions are, how much of an impact could this have on our K1? Would this require a waiver or any additional paperwork that we need to start preparing given theres no actual charges but the existence of a protection order? Has anyone had a similar issue? We're just trying to do everything we can to help improve our chances of being together in the US.

Edited October 1, 2021 by CassieJo

[Chancy 6,241]

1 hour ago, CassieJo said:

My questions are, how much of an impact could this have on our K1? Would this require a waiver or any additional paperwork that we need to start preparing given theres no actual charges but the existence of a protection order?

 

Having a protection order against the applicant is not grounds for inadmissibility to the US.  If your fiance's police record is clean and he has never been arrested or charged for DV or any other crime, then the protection order will not be an issue for his K1 case.  The consul officer may ask about it at the visa interview anyway, so your fiance should be prepared to explain the circumstances.  If the CO does not ask, no need to bring it up.