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My girlfriend committed fraud by working and not going to school with her F1 visa. We want to get married now. Out of luck?

Waycross, GA |

My Chinese girlfriend has been in America for 2 and a half years. She came with an F1 visa but went right to work instead. Also, when she got here she was advised by one of her friends to start a religious asylum case in hopes to get a green card. Her friend didn't tell her that if you fail the interview that you could be deported. Well of course she failed because a religious asylum is not the reason she came, so now she has an ongoing case for that. She does have a work permit now. We have been dating for about 6 months now and we're starting to talk about marriage and having children. After doing some research into her situation, I'm really getting discouraged. I know what we have is real. Is there any way that we can salvage this so we can get married and start a family.

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Attorney answers 3

Best Answer

If her asylum was denied it means she is now in immigration proceedings. Assuming this is the case you will need an attorney to represent her. That attorney can also advise you on the best path forward. My firm handles such cases.
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


The short answer is yes, BUT you really need to meet with an attorney to discuss your case. There is too much involved for her case to be resolved in a forum such as this.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


We would need more information to be able to help you. There are various factors that can be very prejudicial for your girlfriend, such as filing a frivolous asylum case. If she does not have one yet, she definitely should retain an experienced immigration attorney to help her with the removal case and with the application for immigration benefits from you if you decide to marry her.

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