NEED HELP- fiance has a warrant! K1 still possible?

[anxiousfiance 0]

This is terrible!

I filed for my fiance's K1 visa a couple of weeks ago.

In the mail last week, he received a letter from the police in the U.S.

stating that there is a warrant out for his arrest and that he needs to

turn himself in asap

He received this letter overseas as well as at my home address.

We researched it online and it is because of passing 2 bad checks in the 1990s.

(when he lived in the U.S.) We are sick about this. He does not have a criminal record and actually doesnt

even remember these checks.

Will we be turned down for the K1 visa straight away for having these outstanding

warrants?

What can we do. He wants to make good on these checks (although he cant even remember these-

so we are currently requesting copies) He wants to pay whatever he needs to .

He has never had any trouble with the law in the past. But obviously he cant "turn himself in" as

he doesnt have a visa to enter the U.S.

We are very scared and very worried.

Does anyone have any advise? Any lawyers out there??

[Devkpaik 1]

This is terrible!

I filed for my fiance's K1 visa a couple of weeks ago.

In the mail last week, he received a letter from the police in the U.S.

stating that there is a warrant out for his arrest and that he needs to

turn himself in asap

He received this letter overseas as well as at my home address.

We researched it online and it is because of passing 2 bad checks in the 1990s.

(when he lived in the U.S.) We are sick about this. He does not have a criminal record and actually doesnt

even remember these checks.

Will we be turned down for the K1 visa straight away for having these outstanding

warrants?

What can we do. He wants to make good on these checks (although he cant even remember these-

so we are currently requesting copies) He wants to pay whatever he needs to .

He has never had any trouble with the law in the past. But obviously he cant "turn himself in" as

he doesnt have a visa to enter the U.S.

We are very scared and very worried.

Does anyone have any advise? Any lawyers out there??

Is your fiance the US citizen? If so, i don't see why this would affect anything. If your fiance is the US citizen and he is the one with the warrant, I just don't understand or see why this would matter. He is already a citizen and he is not applying for anything, you are. If you're the beneficiary then don't worry I don't see why this would affect anything. I just don't see the US govt. being able to deny a beneficiary because the US citizen fiance has a criminal record/warrant out for his arrest.

[YuAndDan 153]

This is a gray area, "Moral Turpitude" is grounds for inadmissibility, bad checks can be considered a crime of moral turpitude.

http://en.wikipedia.org/wiki/Moral_turpitude

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

[anxiousfiance 0]

My fiance is the foreign national

He does not have a criminal record. Isnt that what they are asking?

When they do the background check, he has no record, but there is an

outstanding warrant.

[payxibka 10,044]

This is terrible!

I filed for my fiance's K1 visa a couple of weeks ago.

In the mail last week, he received a letter from the police in the U.S.

stating that there is a warrant out for his arrest and that he needs to

turn himself in asap

He received this letter overseas as well as at my home address.

We researched it online and it is because of passing 2 bad checks in the 1990s.

(when he lived in the U.S.) We are sick about this. He does not have a criminal record and actually doesnt

even remember these checks.

Will we be turned down for the K1 visa straight away for having these outstanding

warrants?

What can we do. He wants to make good on these checks (although he cant even remember these-

so we are currently requesting copies) He wants to pay whatever he needs to .

He has never had any trouble with the law in the past. But obviously he cant "turn himself in" as

he doesnt have a visa to enter the U.S.

We are very scared and very worried.

Does anyone have any advise? Any lawyers out there??

How did the police know to submit the warrant with your home address?

[anxiousfiance 0]

my guess is now that he is "in the system" from our K1 petition the have my address.

He has not lived here in the U.S. since the 1990s.

[karla5001 0]

my guess is now that he is "in the system" from our K1 petition the have my address.

He has not lived here in the U.S. since the 1990s.

so was he in the US illegally or with a visa?

[anxiousfiance 0]

Oh, he was legally here back then. Visa and all.

[BexandAlan 0]

I would advise you guys to seek professional help ASAP not necessarily regarding the visa process but it is worrying that he has these outstanding warrants. The letters will have been automatically generated because his name has been entered into a US system (a lot of them are all linked - see name checks work when the US government are the beneficiary of them.) Contact a lawyer and get the status and full nature of these warrants investigated. Having a criminal background may seriously hinder your application but it does not make it impossible. Ignoring these warrants is definitely not going to help your application in anyway though

Good luck

Bex xxx

[~Laura and Nick~ 5]

Lawyer time.

So sorry!

I wish you guys much strength and courage during this time.

[karla5001 0]

Lawyer time.

So sorry!

I wish you guys much strength and courage during this time.

ok, so thats good that he was here legal. But i think that this would definetly cause a problem... a warranty is very serious!!....but you need to speak to a lawyer ASAP!

Lawyer time.

So sorry!

I wish you guys much strength and courage during this time.

ok, so thats good that he was here legal. But i think that this would definetly cause a problem!....but you need to speak to a lawyer ASAP!

GOD BLESS AND GOOD LUCK, STAY STRONG!

Edited May 19, 2008 by karla5001

[anxiousfiance 0]

I spoke to a couple of lawyerrs but none make any sense! (big surprise)

One says he cant help unless my fiance can come here for a trial

(duh, if he could come here I wouldnt be petitioning)

The other wants us to pay $5000 just for her to TALK to the state prosecuters office!

I dont know what to do. What will the USCIS do? Just deny us? or will they ask for RFE?

We dont have $5k for a lawyer! But this is our lives and our future we are talking about!

[pushbrk 12,277]

I spoke to a couple of lawyerrs but none make any sense! (big surprise)

One says he cant help unless my fiance can come here for a trial

(duh, if he could come here I wouldnt be petitioning)

The other wants us to pay $5000 just for her to TALK to the state prosecuters office!

I dont know what to do. What will the USCIS do? Just deny us? or will they ask for RFE?

We dont have $5k for a lawyer! But this is our lives and our future we are talking about!

I think I'd just wait and see if a hit comes up and results in a denial. If not, just deal with the checks after he gets here. The warrent may or may not show up in the name check process. An initial consultation with an immigration attorney would probably ease your mind.

What you want to know is the answer to your original question which is whether warrants will result in a denial.

[brian87 0]

I spoke to a couple of lawyerrs but none make any sense! (big surprise)

We dont have $5k for a lawyer! But this is our lives and our future we are talking about!

I know it is hard but try to relax. Nothing is going to be resolved nor get dramatically worse for you in the very short term. Your lives and future are not literally hangin by a thread, you have just reached a momentary detour that needs to be resolved.

If it were me, the first thing I would do is get a copy of the warrants. This will provide you with basic information that will allow you to research the case that was filed against him and who prosecuted the case. Generally, check fraud is handled on a county level in most states. You can review the files at the county court house and make the appropiate copies. Once you have the case information approach the DA's office that was responsible for handling the case.

Most DA's are friendly, since they are an elected position. Nobody wants to lose re-election votes. Be courteous and respectful and present them with the information that you have. This is where it is important that you research the case that was brought against you SO. It will be a matter of public record. The DA assistants will be appreciative of your effort.

They should be helpful to the extent that they can be. Now, it is true as the one attorney said, that default judgment cases can be reopened sometimes. But the process is not straight forward and you would need the assistance of an attorney. Which might be the way to go, if you want to try and reverse the original guilty verdict.

It would be interesting to know if your SO was charged with felony or a misdemeanor. If it is a misdemeanor the DA might have great leeway ie your SO just make restitution and pay a fine. If it is a felony charge, then you probably will have to get an attorney to get it reduced. Otherwise, your SO's visa will face some daunting challenges.

Okay, in summary. Find out about the warrant and the facts surrounding the charges. Talk to the correct DA's assistant nicely and then proceed from there. Try to relax, at this point just focus on getting the correct information.

Brian

[anxiousfiance 0]

WOW thanks for helping me get my head back on.

I will follow your advice.

Incidentally, I spoke with an immigration attorney- He does not think it will

be a problem- because my fiance doesnt actually have a record

(hes never even been to traffic court!)

He said that when my fiance arrives, we will have to face the existing warrant

but would be surprised if they rejected the visa on this.

In which case I would file a waiver..but he doesnt see it going this route.

Thanks to all for your sensible words and support!