Jump to content
CR_19

Questions regarding "current USCIS status" and supplementary documents

4 posts in this topic

Recommended Posts

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!
We didn't file form I-130 and I-485 concurrently because we didn't have the money to pay all the fees.
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.

Share this post


Link to post
Share on other sites

1. Expired F1

2. I-130 and I-485 are different process, you include everything I-485 requirement states. Follow guide here but don't have to fill I-130 but include I-130 approval along with I-693, I-131, I-765. Don't mind much I-131 because you are overstaying, AP can't guarantee your re-entry if you leave the States.

http://www.visajourney.com/content/i130guide2

3. Check poverty guideline to see if your spouse make enough, if not you need to find joint sponsor. You were F-1 student, you were not allowed to work so you can't use your income to self sponsor. Financial support is solely your spouse's burden.

http://www.uscis.gov/i-864p

Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

*** Thread moved from AOS/Family-Based main forum to the "AOS from WS&T Visas" main forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×