Applying for an AoS (F1 visa about to expire in a month)

[texasrose 0]

Reaching out into the dark here and hopeful that someone might be able to help.

Here's my story: I arrived here on an F1 visa. I did really well my first semester, but failed everything the previous semester (I got one D and four Fs). I thought I would get suspended and sent back home for sure (since it says you have to earn 12 credit hours per semester to maintain fulltime status), but thankfully because my cumulative gpa was still above a 2.0, the university never checked how I did last semester, and I was allowed to enroll for classes this semester without interruption.

In the meanwhile, I feel in love with a US citizen and recently got married (we are a gay couple, and though we did not date for very long (only a couple of months), we love each other very deeply). We began considering apply for an AoS, but because of my husband's financial situation (he did not meet the minimum income requirements set by the poverty guidelines) we decided it would be better for us to wait a year during which he could find a new job to improve his financial situation and we could start documenting our relationship together.

Unfortunately, I ran into trouble at the university and was found guilty of violating their code of conduct (it was honestly a misunderstanding and I tried to make reparations, but it was too late; my appeal to the dean didn't happen in the required window and they refuse to consider it late). I have been issued a suspension starting in a month from now, which means my I20 will be terminated and I will no longer be in status.

So my question is this: What are some options I have left that don't involving me returning to my home country? Could my husband still file for an AoS? What are our chances (granted our financial insecurity, the short duration of our marriage, and the reason for which my !20 is being shortened)? Will the school report the reason for my I 20 termination to immigration officials?

And if an AoS is denied, do they send police to the address provided in the application to arrest, detain, and deport you? Any advice would be appreciated.

Edited November 9, 2016 by texasrose

[Taaz 6]

You will need to leave the country and start your visa process with you in your country and waiting. Your other option is to file for AOS now it will put you in a different category as the F-1 will be voided and you will be allowed to stay until approved. Does your partner have a family member or friend who can be a joint sponsor. It's once you leave the country you will have to stay in your country until visa is approved. Relationships a few months old are more normal than you think. Just having proof of your relationship and authenticity is more important then 2 months or 2 years together. Wish you the best.