US Citizen with arrest warrant

[Deputy Purple 1,294]

I only had to show the airlines proof of identification as being the person named on the ticket.

For an international flight? If you're refused entry at your destination then the airline is responsible for returning you to your country of origin.

[Bad_Daddy 2,209]

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.

She needs to call/contact the District Attorneys office / Prosecutors office and most likely they will schedule a court date for her via the court clerk. There is a good chance she will be arrested and if she doesn't have any priors they may let her go on her own recognizance until her court date. Best to just get it over with. If she has the money calling an attorney before she enters is always a good deal.

[JimVaPhuong 4,863]

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.

Courts in the US do not convict people in absentia. It's a violation of the 5th, 6th, and 14th amendments. The accused has a right to be present at their own trial. Rare exceptions are made if the trial has already commenced and the accused either voluntarily chooses to be absent or is removed from the court for cause, or if the charge is a misdemeanor and the accused has waived their right to be present in writing.

I only had to show the airlines proof of identification as being the person named on the ticket.

That's only for domestic travel. Everyone traveling internationally is now required to have a passport. US citizens will have a difficult time getting back into the US without one.

When someone checks in to board an international flight out of or into the United States the airline is required to clear the passenger through a number of databases before issuing a boarding pass. This includes the Terrorist Screening Center's "No Fly" and "Selectee" lists, federal and state Attorney General's lists of suspended passports (e.g., tax and child support absconders), and federal, state, and local police "wanted" lists.

[I AM NOT THAT GUY 5,715]

For an international flight? If you're refused entry at your destination then the airline is responsible for returning you to your country of origin.

Yep. It may depend on the destination, but every country I have traveled to so far, either didn't require a visa, or issued the visa upon arrival at the destination.

[I AM NOT THAT GUY 5,715]

Everyone traveling internationally is now required to have a passport. US citizens will have a difficult time getting back into the US without one.

That part is true.

When someone checks in to board an international flight out of or into the United States the airline is required to clear the passenger through a number of databases before issuing a boarding pass. This includes the Terrorist Screening Center's "No Fly" and "Selectee" lists, federal and state Attorney General's lists of suspended passports (e.g., tax and child support absconders), and federal, state, and local police "wanted" lists.

The passenger's name is on the ticket and already in the database. Unless they did all those checks with a cursory glance at my passport, I would assume all those checks were performed prior to my arrival at the airport.

[Hank_ 9,174]

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.

That is a bad idea, visa fraud comes to mind, and I think she has enough issues going against her already.

Time to think with the big head.

[Karmalious 50]

Nobody is addressing the original QUESTION:

1. If you apply for a tourist visa with the intent to get married inside the united states, it is bad. I believe it's called fraud. It says very clearly in the tourist visa paperwork about this. Its illegal. The only way it could be considered to be legal, was if she met you only after she entered the U.S.... Unfortunately a big criteria for people coming on a tourist visa is having to prove that they are maintaining their home-country ties... Example: keeping their foreign job, contuing to pay for rent while on vacation, etc

2. REAL ADVICE:

my wife currently has outstanding warrant for misdemeanor. We are not finished yet but I have hired both criminal and immigration attorneys.

IT IS KIND OF A CATCH-22

On one hand, the criminal courts want the defendant present in the court. On the other hand, Immigation wont let you into the country if you have a bad record. From talking with my laways I have understood that because my wife HAS NOT BEED convicted yet and because they are only DUI misdemeanor... Then we should file for our petition, and then we will wait for our embassy interview. My lawyers have informed me that all US Embassies have a certain amount of discretion on whether to approve or deny an application. In the instance of only outstanding warrants without conviction of guilt, there is some tricky legal words in the fine print. And it says:

"An application can be denied even if there is no conviction of guilt, but HAVING THE COMPONENTS OF THE CRIME"

I hope to start a new a thread, and tell everyone exactly what we went through when we complete everything.. But at this time I am still waiting on my NOA2

[Ontarkie 14,221]

~~This is a 3 year old thread and as such I'm locking it. If you want to make your own thread you are welcome.~~