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US Citizen with arrest warrant

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Hi, she(USA citizen) went out from USA to my country while she have some arrest warrant(at the airport they told her that she cant leave the country, but the guy left her go(he was nice i suppose)).

She is here now but she will go back to USA this year. Is possible that i could apply for a K1 visa with her having those problems back in USA?

BTW, i have no legal problems on my country and is a real relationship.

She wants to get married and her family can go to the wedding.

The arrest warrant was for some drug possesion and driving drugged.

Or is better that i should get a tourist visa and get married there?

Any advice please.

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You can bet her legal problems got worse by fleeing prosecution. She may have even been convicted in absentia already depending on how long ago this was.

Your best bet would be for her to return to the US and face the music before making any rash decisions.

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Well, her mom in USA is watching that process with his lawyer and looks like she will have to pay something and go to a court everymonth for drug testing.

Im not so sure about the airport, but is like a red light when she give her passport thats indicate that she should not leave the country.

I checked with those background check and criminal records online, but it displayed "clear".(imnot so sure how accurate are those services)

Then what do you think guys, is not a good idea to apply for a K-1 visa or marriage visa? is better that i get a trouist visa and get married there?

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No, we are saying that your financee needs to clear up her court issues before you'll start talking about a life together. P.S., they are not going to clear up her court issues with her being absent, so one way or another she will have to go back to the US and face the judge.

Then after that you'll can discuss what visa route would be best for you'll. Not knowing the country you are from, can't give much more on what to expect.

Edited by LIFE'SJOURNEY

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Yes i forgot, i'm from Perú, here those issues are really not big deal i think.

I dont wanna stay away from her. Why is not possible to think about living together there while she go to the court?.

Im confused about it.

I'm going to reply to this one in Spanish so make sure shinji14 doesn't get lost in translation....

Las recomendaciones que te estan dando, se refieren pura y exclusivamente, a su situacion legal como Ciudadano de los Estados Unidos. Tu novia, tiene que regresar porque, evidentemente, esta huyendo de la ley. Hasta que ella no resuelva esta situacion, te recomendamos que no apliquen a ningun tipo de visa.

En Peru, es posible que no sea gran cosa, pero en los Estados Unidos (como en muchos otros paises) lo es. Ella es fugitiva, en este momento, porque si tenia una orden de arresto, no ha sido acatada y debe enfrentar los cargos por los que se le acusan. Cuanto mas tiempo deje pasar, puede complicar, aun mas su estado.

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Well yeah she will go back to USA to fix her legal problems. We were trying to not be apart for so long.

I think i'll apply for a visitor visa on my own.

BTW, in case that she get on jail for a period of time in USA, she couldnt file a K-1 visa petition?

Unfortunately, even if you DID apply for either one of the visas; you will be apart for awhile. For how long? Well, as an average 7 to 8 months......it could be a year; but seeing that she needs to go and face the music, it could be longer than that.

Having said this, applying for a visa for the purpose of not being apart... doesn't seem like it will serve that purpose.

I suggest you consult with a lawyer about her possibility of filing for the visa while she in in jail (if she needs to serve time). AND if she doesn't have to serve any time in jail or prison (for that matter), she will have to disclose all her convictions.

You may need a lawyer with experience on such cases.

Edited by Celeste & C

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Don't you want to wait to see what will be the outcome of her arrest. If she has to serve time, then she can't help you.

At the airport, why did they run a check on her(USC) leaving?

This check is done on anyone does not have to USC or no USC. Anyone can be flight risk somehow she has managed to get into the Database which shows ppl who should not be leaving the country.

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This check is done on anyone does not have to USC or no USC. Anyone can be flight risk somehow she has managed to get into the Database which shows ppl who should not be leaving the country.

This didn't work then it seems as if she was allowed to leave.

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Well, her mom in USA is watching that process with his lawyer and looks like she will have to pay something and go to a court everymonth for drug testing.

Im not so sure about the airport, but is like a red light when she give her passport thats indicate that she should not leave the country.

I checked with those background check and criminal records online, but it displayed "clear".(imnot so sure how accurate are those services)

Then what do you think guys, is not a good idea to apply for a K-1 visa or marriage visa? is better that i get a trouist visa and get married there?

You cannot get a tourist visa with the intent to get married and immigrate...its called misrepresentation.


....All your Negative Energy Feeds Cancer!


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Im skeptical about this story "at the airport they told her she cant leave the country" ..... Who? Nobody looks at the passport until she is in peru.....

Actually when you check-in you need to provide your passport fr the Airline to confirm you're okay to travel.

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