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I am petitioning my wife who is from the Philippines and she has over stayed a six month visitors visa. We have filed I130 on 10/20/10 and have just received an approved petition on 02/03/11. I am doing the paperwork myself as to save some bucks. I have a few questions as to filling out the I485 as to they are asking what is the current status of my wife I believe the answer is out of status but I am not sure. Second question as to I765 what category to put and last on the I864 question 21 asks Number of people I am sponsoring answer One it already has a one next to yourself and it says If you are married put one add together and what is your household three but we are only the two of us am I missing something any help would be greatly appreciated
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your wife is an overstay which will be forgiven as long as you are a us citizen. for the 765 form she is a category (c) (9). the affadavit of support on counting your household it states that do not count one person twice. although she is your spouse, she is already being counted in the spot for yourself and the beneficiary(being your spouse). on the line regarding your spouse just leave it blank and you will be fine.
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