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我上次问过你，就是我太太F1 out of status 2个月。开始想先办reinstatement, 但打听下来拒绝率蛮高。如果我们在美国等，如果被拒，她就out of status 6个月了,那样会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.

我们现在想让她回国办F1, 这样即使F1被拒，我们也可以等130排期。按现在排期速度，只需要1年。想听听您的意见 谢谢

-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.