我上次問過你，就是我太太F1 out of status 2個月。開始想先辦reinstatement, 但打聽下來拒絕率蠻高。如果我們在美國等，如果被拒，她就out of status 6個月了,那樣會3年不能入境。
-Not true. "out of status" is not equal to "unlawful presence". Only unlawful presence for > 180 days, then it will result in 3-year bar. So, it is not case for your spouse because your spouse's F-1 I-94 is D/S. She is lawfully present during the F-1 reinstatement pending, and her stay is not counted as unlawful presence before her current I-20 expires even if the F-1 reinstatement is denied.
我們現在想讓她回國辦F1, 這樣即使F1被拒，我們也可以等130排期。按現在排期速度，隻需要1年。想聽聽您的意見 謝謝
-Just file F-1 reinstatement application, and she can continue to study during the F-1 reibstatment pending. If it is denied, then she can go to China to apply for the immigrant visa.
