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Dkelly

Cr1 beneficiary with FTA bench warrant

By Dkelly in IR-1 / CR-1 Spouse Visa Process & Procedures

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Dkelly Newbie

Dkelly   0

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I am the CR1 visa beneficiary. I got done with my visa interview on Nov 1st, I was told all good and that my passport would be returned in 2 days.

To my surprise, I got my passport back with a 221g letter.

I am on hold for additional documents. I need to submit All criminal history and court documents.

Just a little history. When I was a student in the USA, I was arrested for DUI, I attended court and paid the necessary fine. Since I graduated, I got a job in another state and moved almost immediately. After a year working I decided to move back to home country and been here ever since.

I had called the court clerk and found out that I have a bench warrant on me for Faillure to spear.

im really shocked and out of clue what to do and what to provide the embassy.

Desperately need help here!

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Boiler Grand Master

Boiler   43,381

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Filed: K-1 Visa Country: Wales
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Posted

Sounds like you need a Lawyer to sort it out.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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IowacityGuy Collaborator

IowacityGuy   152

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Filed: Citizen (apr) Country: India
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54 minutes ago, Dkelly said:

I am the CR1 visa beneficiary. I got done with my visa interview on Nov 1st, I was told all good and that my passport would be returned in 2 days.

To my surprise, I got my passport back with a 221g letter.

I am on hold for additional documents. I need to submit All criminal history and court documents.

Just a little history. When I was a student in the USA, I was arrested for DUI, I attended court and paid the necessary fine. Since I graduated, I got a job in another state and moved almost immediately. After a year working I decided to move back to home country and been here ever since.

I had called the court clerk and found out that I have a bench warrant on me for Faillure to spear.

im really shocked and out of clue what to do and what to provide the embassy.

Desperately need help here!

you have a hire a criminal lawyer and sort this out. Lawyer will take care of your case on your behalf and he will be able to explain what really happened and why you were not able to appear. Even if you get visa and you travel at POE they will do fingerprinting and if they figure out you have a warrant they will arrest you right at the airport. find a criminal lawyer immediately in that where you were arrested.

 

My Time line is Updated! 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Agreed...time to lawyer up to get the bench warrant resolved. Failure to appear can be considered a CIMT, which is an inadmissibility.

 

1 hour ago, Dkelly said:

I had called the court clerk and found out that I have a bench warrant on me for Faillure to spear.

Sounds brutal

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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IowacityGuy Collaborator

IowacityGuy   152

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Filed: Citizen (apr) Country: India
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1 minute ago, Dkelly said:

Question is why didn’t they just deny me based on inadmissabilty? And why ask for additional documents regarding court statements?

did you mentioned on your CR1 that you were arrested?? and provided any paperwork regarding that DUI?

 

My Time line is Updated! 

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Lawyer up, your case just got extremely complicated.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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carmel34 Experienced

carmel34   3,523

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Filed: Citizen (apr) Country: Brazil
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Posted

There are lots of examples here on VJ of people who had a bigger problem with the dishonesty of not disclosing a past arrest than they did with the arrest circumstances or actual outcome of the case.  Lesson learned:  ALWAYS be completely honest and answer all questions completely.  Hopefully an attorney can help you get through this, but it may take some time.  

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IowacityGuy Collaborator

IowacityGuy   152

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Filed: Citizen (apr) Country: India
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Posted
15 hours ago, Dkelly said:

I actually did not mention it. I genuinely didn’t think of that. And thought it would have been clear.

Well start with criminal case first.. you night br able to resolve this issue before your bisa is issued. Hope they don’t deny your application for lying on your application.. 

 

My Time line is Updated! 

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