I am originally from the UK and currently live in Europe. I have recently married my girlfriend who recently turned 18. We had been dating for almost 2 years.
I currently have an outstanding warrant in the state of Florida. The warrant was issued whilst I was outside of the United States and relates to an accusation of unlawful sexual activity with my girlfriend prior to her 18th birthday.
My wife and I would like to return permanently to the United States to live. Once we can head to the US, I will of course be dealing with the outstanding warrant. I am aware that I would likely be arrested upon my return to the US.
My question is, will the outstanding warrant affect our application for an immigration visa based on our marriage?I have no criminal record & have been in and out of the US several times under the visa waiver program in 2012 and 2013. In 2013, prior to our marriage, I was denied a B2 visitor visa on the basis that I could not prove non-immigrant intent, which is fair considering that my girlfriend and I were engaged at that point. In this case, I will clearly be applying for an immigrant visa so there will be no need to prove non-immigrant intent. Will the warrant have an affect on the visa application? It is my understanding that a warrant is not a conviction and that I am in the eyes of the law, innocent without a criminal record. Therefore from that perspective, I would think it may not be an issue, however, having dealt with “the system” before, something tells me it will not be that simple. EDIT: If any Orlando based immigration lawyer would be interested in taking on this matter for me, please state as much below along with your answer.