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F-1 Visa may not be reinstated and AOS not completed

Hello all,

I’m writing this to hopefully get some good news and figure out our options.

So, my husband (F-1 visa holder) and I (US citizen) got married in March 2020. We are both full time college students. Long story short, due to personal reasons and other factors my husband had some issues with his grades, and from what I understand since he can’t redeem some of his classes by the end of the semester it is now up to the school to decide whether his F-1 status will be reinstated or not. We are gathering what we need to send in the AOS paperwork, however someone within our university told us that it would be bad for us to file AOS while his F-1 is potentially transitioning?

My biggest question is: if he is not reinstated, will he immediately lose his lawful status? We are a married couple and live together, will he be required to leave since his AOS paperwork is not submitted? Also, I assume if we traveled outside the US, he would not be permitted to return?

If this were to happen and he must return home, would we have to submit an application for a spousal visa for him to be able to return to the US?

I appreciate any guidance or insight on my situation. If you know of any free or low cost immigration legal advice services, that would be great. I will be trying to find local services so we can speak to a lawyer together.

submitted by /u/jscorp2910
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source https://www.reddit.com/r/immigration/comments/n05abj/f1_visa_may_not_be_reinstated_and_aos_not/

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