I-129f fiancé visa and an arrest record

[Henry_H]

My fiancé was denied entry to US for crew member visa in 2007. My fiancé was in US in 2005 with a J1 student visa. In 2005 she was arrested with her friend when her friend did a shoplifting. I paid the bail and she was freed the same day. However, she did not stay for the trail, she was frightened and she flew to her country; so, she never has been convicted. Now she has a pending case (for some reasons it is a 3ed degree felony case, theft). If she comes to US we will get a lawyer and prove her innocence. My question is will she be able to get a fiancé visa considering that she has an arrest warrant in US.

Thank you.

[marks11]

I129f

I seriously doubt it.

[MrsAllen2b]

Fleeing the country out of fear with criminal proceedings pending is just what the INS does NOT want someone to do.

If she had stayed and plead to the court that it was her FRIEND who committed the act, and not her, she may have gotten the charges dropped or have gotten probation/community service. Fleeing and leaving the case open means that she will have a warrant for Failure to Appear. If she ever DID come back into the country she'd probably be detained upon arrival and taken directly to jail, if they even let her in the country at all.