Been out of status after OPT ended a year and a half ago. Job offer from OPT fell through so I meant to return to school for second degree but had surgery and ended up out of status while recovering and looking after newborn.
Now married to naturalized USC who is divorced from USC ex.
What are my options? Reinstate F1 and return to school as originally planned or AOS? Worried that his divorce from USC will affect my application negatively and possibly his situation too.
It's important that you and your spouse consult with an attorney to make sure the relationship history doesn't raise red flags. Yes, it will be scrutinized, especially if your spouse obtained a green card through the prior marriage, but that would not mean that AOS isn't possible.
Getting any kind of other status, such as F1 reinstatement will face a risk of denial and finding of fraud. Take a look at this: http://www.swagatusa.com/archives/1081
Dhenu Savla, Esq.
Your husband has all the rights of U.S. Citizen, including the right to petition for a green card for his wife. The only difficulty would be if the marriage through which he got his green card initially was fraudulent. Since he's apparently already removed conditions on his green card AND naturalized, it sounds like USCIS has no suspicions of fraud about the earlier marriage.
Make an appointment with an attorney to be more certain.
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