The K1 fiancé(e) visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States for marriage within 90 days of arrival, after which the foreign national adjusts status to permanent residence. For Filipino applicants, the process is handled primarily through the U.S. Embassy in Manila and involves rigorous scrutiny of the beneficiary’s background, including any history of criminal charges.

A common concern among Filipino K1 applicants is how a prior criminal case—even one that ended in full acquittal—affects visa eligibility. This article comprehensively examines the issue under U.S. immigration law (INA § 212(a)(2)), consular practice at USEM Manila, and Philippine criminal procedure and records practice.

1. Legal Distinction: Conviction vs. Mere Charge vs. Acquittal

U.S. immigration law makes a clear distinction:

A conviction (or admission of essential elements of a crime involving moral turpitude) triggers criminal inadmissibility under INA § 212(a)(2).
A mere arrest or charge that did not result in conviction does not constitute grounds of inadmissibility under the criminal grounds.
An acquittal (whether on reasonable doubt, violation of rights, or any ground) means there is no conviction and therefore no automatic criminal inadmissibility.

The U.S. respects foreign acquittals. The Department of State and USCIS do not “retry” cases decided by foreign courts. Once a Philippine court has entered a judgment of acquittal and it is final and executory, the U.S. government treats the applicant as not having been convicted.

2. Disclosure Requirements: The DS-160 and Consular Interview

Even with an acquittal, the applicant must disclose the arrest, charge, or prosecution when asked.

The relevant DS-160 questions are:

“Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?”
“Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?”
“Are you coming to the United States to engage in prostitution or unlawful commercialized vice…?” (etc.)

The correct answer is YES if there was ever a criminal case filed in court, even if it ended in acquittal, dismissal, or archiving.

Failure to disclose is considered willful misrepresentation under INA § 212(a)(6)(C)(i) and results in a permanent bar with only very difficult waiver options. USEM Manila is particularly strict on this point and routinely denies visas (or revokes approved ones) when undisclosed cases surface through NBI hits, fingerprints, or other means.

Best Practice: Answer YES and write a clear explanation such as:

“Charged with [crime] in Criminal Case No. XXXXX before RTC Branch XX, [City]. Acquitted by judgment dated [date], which is now final and executory. Copy of Decision attached.”

3. Philippine Criminal Records and the NBI Clearance

In the Philippines:

A judgment of acquittal that is final and executory clears the record.
The NBI clearance will typically come out “NO CRIMINAL RECORD” or “NO DEROGATORY RECORD” once the court has forwarded the disposition to the NBI (or after the applicant submits a certified true copy of the acquittal).
However, delays are common. If the acquittal is recent (within 1–2 years), the NBI may still show a “hit” requiring court clearance.
Cases dismissed on motion of the prosecutor (provisional dismissal under Rule 117) or archived are not acquittals on the merits and may continue to appear as “pending” until finally terminated.

Practical Tip: After acquittal, immediately secure a certified true copy of the Decision and Certificate of Finality, then present these to the NBI for annotation/clearance. Many applicants do this months before the visa interview to ensure a clean NBI certificate.

For K1 purposes, the embassy requires:

NBI clearance valid for 1 year (for applicants residing in the Philippines)
Police certificates from any country where the applicant lived ≥6 months after age 16

A clean NBI clearance plus full disclosure is the ideal combination.

4. Consular Assessment at USEM Manila

Consular officers at the U.S. Embassy in Manila follow the Foreign Affairs Manual (9 FAM 302.3-2). Key points relevant to acquitted charges:

Acquitted or dismissed cases do not trigger criminal inadmissibility.
The officer may still exercise discretion under INA § 214(b) (presumption of immigrant intent) or, rarely, INA § 212(a)(3) security grounds if the alleged conduct is extremely serious (e.g., terrorism-related, human trafficking, severe violence).
In practice, properly disclosed and documented acquittals rarely cause refusal unless the underlying allegation is extraordinarily grave (e.g., murder, rape, large-scale estafa) and the officer harbors residual doubt.

Common outcomes observed in Philippine K1 cases (2020–2025):

Estafa, libel, slight physical injuries, unjust vexation, BP 22 — almost always approved when acquitted and disclosed.
Grave offenses (homicide, rape, drug trafficking) — higher scrutiny; officer usually requests the complete case record (fiscal’s resolution, decision, etc.). Approval is still common if acquittal is on the merits.
Cases involving violence against women or children — may trigger additional review under the Adam Walsh Act (but that applies to the petitioner, not the beneficiary) or VAWA-related concerns. Acquittal generally resolves the issue.

5. Recommended Documentation Package for Applicants with Acquitted Cases

To maximize approval chances, submit at the interview (or via CEAC if requested):

Certified true copy of the Court Decision of Acquittal
Certificate of Finality from the court clerk
NBI clearance (even if it shows a hit, bring the above documents)
Fiscal’s Resolution (if available) showing why the case was filed/dismissed
Police blotter or affidavit of arrest (if any)
Brief sworn declaration explaining the circumstances and affirming innocence

A well-prepared folder demonstrating transparency and innocence almost always satisfies the consular officer.

6. Special Situations

Provisional Dismissal (Rule 117): Not an acquittal on the merits. The case can be refiled within the prescriptive period. Consular officers treat these as “pending” and usually place the visa on administrative processing until final termination or acquittal.
Archived Cases: Treated similarly to provisional dismissal.
Pardoned or Expunged Cases: Rare in the Philippines, but if granted, disclose anyway.
Juvenile Cases: Philippine law (RA 9344 as amended) treats minors differently; records are confidential and generally do not appear on NBI. Disclosure may not be required if the act occurred below age 18 and was handled under juvenile justice procedures.

Conclusion

An acquitted criminal charge, properly disclosed and documented, does not constitute a legal bar to K1 visa approval for Filipino applicants. The U.S. Embassy respects Philippine court judgments of acquittal, and the absence of a conviction means no criminal ground of inadmissibility applies.

The real danger is non-disclosure, which leads to permanent ineligibility in a high percentage of cases. Full transparency, combined with court documents proving acquittal and a clean (or cleared) NBI clearance, virtually eliminates any negative impact.

Applicants with past criminal cases—even fully acquitted ones—are strongly advised to consult an experienced U.S. immigration attorney familiar with USEM Manila practices before filing the DS-160 to ensure proper disclosure and documentation strategy.