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jinster

obtaining an affidavit for marriageability with a bench warrant?

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my ex-roomate has a met a girl that he loves and wants to marry. we're staying in china but he has bench warrants that were issued to him in Colorado. they are for drug possessions. namely pot and shrooms... now he sincerely would like to marry this girl and bring her back to the states but not sure if he'll be even able to safely get in and out of the embassy without getting his passport confiscated. do you think he'll be able to obtain the affidavit of marriageability? please let us know. thanks.

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Was the warrant issued after he left the US? I'm just wondering because it can be difficult to leave the US if you've got a warrant.

Your friend should probably not go to the embassy. If he asks them to look up anything about him in their databases then his warrant is bound to come up. I really don't know if they are required to confiscate his passport, and I would be surprised if they did this to an American who was abroad. Not having a passport could get him in hot water with the local authorities.

I think your friend should return to the US and deal with the warrant and the charges. He can go back to China after he gets his personal life in order. Asking for anything from the US government now would be a risk.


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Was the warrant issued after he left the US? I'm just wondering because it can be difficult to leave the US if you've got a warrant.

Your friend should probably not go to the embassy. If he asks them to look up anything about him in their databases then his warrant is bound to come up. I really don't know if they are required to confiscate his passport, and I would be surprised if they did this to an American who was abroad. Not having a passport could get him in hot water with the local authorities.

I think your friend should return to the US and deal with the warrant and the charges. He can go back to China after he gets his personal life in order. Asking for anything from the US government now would be a risk.

yes they were issued after he left the US.

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yes they were issued after he left the US.

Yikes! Ok, your friend has a problem. Prior to flights arriving, CBP routinely runs passenger manifests through the FBI's Criminal History Database to see if any names on an incoming flight match. If they get a match then a notice goes out to CBP officers at the port of entry - if they encounter the person whose identity matched they take them to secondary inspection for a positive identification. If a positive identification is made, then they arrest the passenger.

Local arrest warrants are often entered into the FBI database, especially if they are felony warrants.

US consulates have access to the same FBI database. Your friend could be arrested if he goes to the consulate and identifies himself. He could also be arrested when he returns to the US.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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