Can I sponsor my fiancé to live here in the US even if I am a convicted felon?
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Can I sponsor my fiancé to live here in the US even if I am a convicted felon?
Submitted by LawQA.com on January 4, 2012 - 8:39am
I am a convicted felon on a sex charge and I want to bring my fiancée here to the us to live. Can I sponsor her ? If someone else sponsors her can we still get married and can she stay here? We were thinking about me moving there but we don't think China will let me in. Do you know? Thank you for your time and your answers.
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Submitted by Alexander J Segal on January 4, 2012 - 10:43am
You will likely have difficulty sponsoring your fiancé for either a fiancé visa or even a marriage-based petition. It will depend upon the specific charge. Essentially, USCIS will assess whether you pose a danger to your fiancé. This assessment will depend upon the specific conviction, when it occurred, etc. Depending upon the conviction, you may not be able to petition for immigration benefits on her behalf and as such, will not be able to sponsor her. However, she may be able to immigrate to the United States through other means, if eligible. You could marry so long as she does not need to derive benefits through you. I highly recommend you meet with an immigration attorney to discuss the matter further.
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