It will be necessary to file for adjustment of status after entry or do consular processing of an I-130 in order to gain resident

Additional Requirements and Eligibility for the Fiancée Visa

International Marriage Broker Regulation Act : “IMBRA”

Imbra limits the number of K1 visa petitions a sponsor can file or have approved without filing a waiver.  Sponsors will need to file a waiver for any of the following circumstances:

• Petitioner with a criminal conviction for a specified crime
• Petitioner has previously filed K1 visa petitions or had a K1 visa approved within the previous two years

Waiver of the above limits are at the discretion of USCIS but generally can be granted where justification exists.  If the petitioner has a criminal history including violent offenses the waiver will only be granted in extraordinary circumstances.

IMBRA requires the petitioner to notify the USCIS in their petition if they met their fiancée through an “International Marriage Broker.”  The definition of international marriage broker included in IMBRA is very broad, and appears to include any dating or introduction website that focuses on introducing U.S. citizens or legal permanent residents to foreign nationals. There are some exceptions in the definition, they are relatively narrow, and whether or not a particular introduction or matchmaking service falls under the definition of an "International Marriage Broker" should be determined on a case-by-case basis.

The petitioner must disclose any convictions by a court of law even if the record of the conviction has been sealed or expunged on the following crimes:

• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking
• Homicide, murder, manslaughter, rape, abusive sexual conduct, sexual exploitation, incest, torture, holding hostage, kidnapping, abduction, false imprisonment or an attempt to commit any of these crimes
• Three or more convictions for crimes relating to a controlled substance or alcohol

If the petitioner has any criminal history that falls under the above categories, they will have to provide certified copies of any related court and/or police records regarding that criminal history.  The petitioner may be approved even if this type of criminal history is present.  Any criminal history will be disclosed to the prospective immigrant in the interview.

If the petitioner was convicted of any of the crimes listed but were being battered or subjected to extreme cruelty, by a spouse, parent or adult child at the time of their conviction they must also state whether they were acting in self defense or they violated a protection order issued for the own protection or they committed were arrested for were convicted of or plead guilty to committing a crime that did not result in serious bodily injury, and there was a connection between the crime committed and they were battered or subjected to extreme cruelty. 

The object of IMBRA is to address perceived problems with domestic violence when it comes to internationals who are immigrating to the U.S. The concern is that a person who immigrates to the U.S. and ends up in an abusive family relationship will have a much harder time breaking out of the cycle of domestic violence (something which can be difficult enough to begin with), because of possible language or cultural barriers, and because of the fact that they may feel dependent on their abuser for their immigration status.