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  • Questions regarding form I-485

    Hello,

    My wife (US Citizen) and I filled the form I-130 last year, and now it has been approved. She is the petitioner and I am the beneficiary. Now we are ready to send form I-485, form I-765, etc. I have a few questions that hopefully someone will be kind enough to answer. So many thanks in advance!

    FIRST: When we filed form I-130, I was an F-1 student. Unfortunately, I was unable to attend school due to financial reasons. I've been out of status for about 7 months. In form I-485, there is a section asking me for my "current USCIS Status." The instructions on this website say to write "overstay" if the expiration date on my I-94 has passed. My I-94 says "D/S," which means that it is still current as long as I keep studying; the date on my I-20 regarding the completion of my studies is 2016. HOWEVER, on this website it says as well that once you apply for Adjustment of Status, you are considered to be an "applicant to adjust status."

    My question is: what should I write in the "current USCIS Status" box.


    SECOND: I see that a lot of people are mailing their petitioner documents as well. Documents such as, in my case, my wife's birth certificate, form G-325A, etc. We already did this when we filed form I-130, do we need to do this again?

    And THIRD: Do I need to send my tax file forms? When I was a student, I was a dependent under my father, so I did not file any taxes. However, this year I did file taxes concurrently with my wife.


    Thank you so much for reading this long post, and God bless you for your all help! Thank you.

  • #2
    If someone would be kind enough to reply, I would really appreciate it!

    Comment


    • #3
      Please see my responses in CAPS after your questions:

      Originally posted by CR_19 View Post
      Hello,

      My wife (US Citizen) and I filled the form I-130 last year, and now it has been approved. She is the petitioner and I am the beneficiary. Now we are ready to send form I-485, form I-765, etc. I have a few questions that hopefully someone will be kind enough to answer. So many thanks in advance!

      FIRST: When we filed form I-130, I was an F-1 student. Unfortunately, I was unable to attend school due to financial reasons. I've been out of status for about 7 months. In form I-485, there is a section asking me for my "current USCIS Status." The instructions on this website say to write "overstay" if the expiration date on my I-94 has passed. My I-94 says "D/S," which means that it is still current as long as I keep studying; the date on my I-20 regarding the completion of my studies is 2016. HOWEVER, on this website it says as well that once you apply for Adjustment of Status, you are considered to be an "applicant to adjust status."

      My question is: what should I write in the "current USCIS Status" box.

      PUT 'F-1 PENDING ADJUSTMENT'


      SECOND: I see that a lot of people are mailing their petitioner documents as well. Documents such as, in my case, my wife's birth certificate, form G-325A, etc. We already did this when we filed form I-130, do we need to do this again?

      YOU NEED TO RESUBMIT YOUR G-325A (NOT YOUR WIFE'S), YOUR WIFE'S BIRTH CERT, YOUR BIRTH CERT, YOUR MARRIAGE CERT COPIES.

      And THIRD: Do I need to send my tax file forms? When I was a student, I was a dependent under my father, so I did not file any taxes. However, this year I did file taxes concurrently with my wife.

      WITH THE I-864 AND YOUR WIFE AS SPONSOR, YOU DO NEED TO SUBMIT THE LAST FEDERAL INCOME TAX RETURN, W2'S AND PROOF OF EMPLOYMENT OF WIFE.


      Thank you so much for reading this long post, and God bless you for your all help! Thank you.

      Comment

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