Questions regarding "current USCIS status" and supplementary documents

[CR_19 0]

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.

[CR_19 0]

Please, if someone could answer these questions, I'd greatly appreciate it!

[NancyNguyen 1,658]

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.

[TBoneTX 46,224]

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