Question about eligibility

#1
I was born and raised in the United States. I want to start the process for a Fiancee Visa for a woman I plan to marry who currently lives in Vietnam.

However, I was convicted of a felony (aggravated robbery) over 40 years ago when I was 17 and sentenced to a prison term that I completed. I have had no criminal arrests since that time and became a successful business professional. I am currently retired and financially independent.

Will this hurt my chances of approval?
 

1AurCitizen

Registered Users (C)
#2
Will this hurt my chances of approval?
Something that happened 40 years ago is unlikely to be an issue, but the K1 process is all about the beneficiary.

Have you two met? Are there any flags, such as an age discrepancy or previous marriages? Fiance visas are tough in Asia, marriage-based spousal visas have higher odds of approval.
 
#3
Something that happened 40 years ago is unlikely to be an issue, but the K1 process is all about the beneficiary.

Have you two met? Are there any flags, such as an age discrepancy or previous marriages? Fiance visas are tough in Asia, marriage-based spousal visas have higher odds of approval.
Thank you. No other flags that I know of. We have met and documented our time together. She already has a tourist Visa, we have met both here in the US and I have traveled to HCM Vietnam to visit her.

She has never been married before. I divorced many years ago. As far as age discrepancy, she is 23 years younger than I.

Good point about spousal visa - she had already applied for and obtained a tourist visa before we ever met. Could it be as simple as her and I getting married in the US and then simply apply for a change of status?
 
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1AurCitizen

Registered Users (C)
#4
Her entering the US on a tourist visa and getting married is all fine and legal. Entering with intent to change status (technically the term is adjust status) as mentioned is not ok and is considered fraudulent. We ALL on this site advise against that. Tourist visas should be used for short visits of a temporary nature, and a return ticket is something that US immigration at an airport may inquire about.

The K1 (fiance visa) allows for adjustment of status after entering the US and marriage within 90 days, but K1s are harder to obtain than spousal visas.

If you two go the spousal visa route by getting married, you petition her by filing the i130 petition, and she awaits processing and interview at the US embassy in HCM for a CR1 visa within 12-14 months. 23 years is significant, perhaps something USemb in Vietnam should surely be familiar with, but if you have documented evidence of a bonafide relationship, the age discrepancy could be overcome.
 
#5
Her entering the US on a tourist visa and getting married is all fine and legal. Entering with intent to change status (technically the term is adjust status) as mentioned is not ok and is considered fraudulent. We ALL on this site advise against that. Tourist visas should be used for short visits of a temporary nature, and a return ticket is something that US immigration at an airport may inquire about.
Understood. I met her well after she obtained her visa and only met her in person after she had come to the US for the purpose of her visa (work related). The idea of marriage never entered either of our minds until she had been in the US for a couple of months.

Thank you for the advice, we want to make sure we follow the process in a legitimate manner and hope to determine what makes the most sense.
 
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