FBI Background Check Not Perfect? How to Master the M Spouse Visa Requirement
2026-05-18
By Camila Ocampo Colombian Immigration Lawyer
As an immigration lawyer, my main mission is to be a shield between you and the Colombian bureaucracy. I know that receiving a request from the Cancillería (Ministry of Foreign Affairs) for an M-Spouse Visa generates a lot of anxiety, especially when it comes to your FBI Background Check.
For US citizens, it is a fact that even a charge that was dismissed or did not result in a formal conviction can appear as a "note" on your FBI summary.
I want you to rest assured: a complex legal history is not an insurmountable obstacle. Success lies in applying a strategy of proactive transparency and backing up every fact with certified court documentation.
When a "Dismissed" Case Causes Problems
Many clients assume that if a case was dismissed years ago in their state, the Cancillería will ignore it. This is a mistake, as Colombian law grants officials absolute discretionary power in their final decision.
If the officer sees a note on your background check and you do not provide the full legal explanation, you run the risk of inadmissibility or, worse, a rejection.
The Strategy: Proactivity, Transparency, and Certified Documents
Our strategy for these cases is based on total transparency. We stay one step ahead of the Cancillería:
The Explanatory Letter: We draft an Explanatory Letter detailing the circumstances of the incident, confirming that legal actions concluded, and that the case was dismissed without a formal conviction on your record.
The Key Document (The Court Order): The fundamental backup is a certified and apostilled copy of the court order dismissing the case. This document is irrefutable proof of the court's final decision.
Apostille and Logistics: Given that your record is a state-level (not federal) court document, the apostille must be processed through the corresponding Secretary of State in the US.
Legal Alert
If you realize that obtaining your FBI background check (which can take between 7 to 22 days covering fingerprints, shipping, processing, and the apostille) and the judicial apostille will not be ready in time, it is better to let the current application expire or to withdraw it.
Do not interact with the online form; letting it expire is simply considered failing to meet a requirement and does not constitute a formal denial or inadmissibility. This allows you to prepare a new application with all of your legal support ready to go.
Do you need a legal strategy for your visa process involving background checks?
Book your Strategic Consultation today for $80 USD. This amount is credited 100% toward your balance if you decide to hire our legal services. Ensure your documentation is perfect before incurring government fees (Visa Study: $54; M Visa Issuance: $270).