danielb2017

If you file for him now he is looking at the late 2040's. Probably.
 
Find him a new Girlfriend?

Especially if he ever wants to use ESTA again.

Your brother falls in the F4 category, so AOS is not an option as a visa would not be available for about 16 years.  You can file the I130 though to get in the queue.

sibling visa take years. he cant just wait in the US out of status. u can only file i-130 for him and nothing else. sibling and spouse is not the same procedure.
 
 

He can't.  Even if he didn't intend to stay when he first entered, with a USC sibling as his only possible petitioner, he is not eligible to file I-485 without an approved I-130 filed before April 2007.
 
You may understand the AOS process that you went through, but that was AOS for an immediate relative of a US citizen.  A sibling is not considered an immediate relative for US immigration, so the rules for your brother are different.  It will take 16+ years for him to be eligible for an F4 sibling visa, assuming you file an I-130 petition for him right now.  No way he can stay in the US legally for that long while on ESTA.
 

Hi everyone! Quick question on filing time for adjustment of status for my brother. 
 
I am a USC, and my brother travelled from his own country in Europe for a vacation about 6 weeks ago. (ESTA Entry) Weather was pretty bad for the first couple of weeks so he decided to extend his stay here so we could do more things together that we originally planned. Recently, his girlfriend broke up with him and he really has nowhere to go back home so I floated the idea to him that maybe he should think about staying here if it’s possible and that I could sponsor him for a green card. He is interested and so I started to look into it. 
 
I understand the AOS process, as its something I have been through before after I met my wife and we got married in 2017. My question is, when is the ideal time to file? There seems to be some variance with 60+ days and some either say wait until after 90 days but his ESTA only lasts for 90 days and we don't want to break any rules if he overstays. He did not come here with any intent to stay, but life threw him some lemons and myself and my family would be happy to help him out if at all possible to help him get on his feet and start over. 
 
Any advice or links to guides/previous threads will be greatly appreciated! Thanks so much. 

I don’t know why they never done this anyways, it’s ridiculous. Hopefully it will move along a tad quicker now. 

**UPDATE** 
 
I just got a notice that they are reusing my Biometrics (Last time I went to do Biometrics was 2017, for initial GC) for anyone interested. 

Mine says "Its taking longer than usual"
 
I had my oath 2 months ago!!!

My green card came in the post today. 8 days after interview. Case tracker still says “Interview is scheduled” 😂

Update to this.

 
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you If your case don't require an interview you will receive an RFE AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview.
AUGUST 31 2017 : Interview date set for October 2nd. 
 
Looks like I will have my interview before my EAD comes in! I need to prepare now!!
 
 

Cool, I never get too excited aboutt anything they send unless it's a card haha.

How long did you wait for EAD after  the "Ready to be Scheduled" update?

My online status has changed from "received RFE" to "
Case Is Ready To Be Scheduled For An Interview
As of August 23, 2017, we are ready to schedule your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number  for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice
 
I was not really expecting it to change that quickly, is this a good sign that things are moving along and does it have an effect on EAD? Does it mean my case has been sent to field office?
 
Please see updated timeline below:

 
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you If your case don't require an interview you will receive an RFE AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview.
 
Anybody an idea what happens next?

We had our adjustment of status/ green card interview today. 
My wife (USC) was nervous (as with any interview) but all in all it was a relatively stress free day. 
 
We arrived to USCIS Centre in Buffalo, NY at around 9:30 - Interview was at 9:45.
we went in and waited until 10:05. 
The gentleman called us and we followed him to a small room. 
We done the oath.
He went over our basic information 
(mother’s name/if either of us have kids/date of birth).
He asked us when and how me met (online - june 2016)
He asked when the wedding was (April  2017)
He asked where it was.
 
My documents said I entered on the 25 of March when I actually entered on the 20th. 
He changed this to the 20th. 
 
He asked was I ever arrested or convicted (I said I was, for drunk driving back in 2010)... I gave him a copy of the court report from the conviction and police certificate from Ireland - he said thank you and moved on. (I had already submitted court report with initial packet)
 
He asked about our co-sponsor (my wife’s mom) and he looked through our pictures that we brought, asked about one - and then told us I was approved and my green card would be out in the next 3 weeks. 
 
I then gave him my medical report which I needed to get a new copy of after receiving and RFE for to bring to interview. 
He looked through it and then told me the that in USCIS view our marriage is bonified, my green card is approved and that it would be out in the next 2-3 weeks in the post. 
He told me that I can apply for naturalization in 3 years as my spouse in a US citizen, told us goodbye and that was that. 
 
Online Case status hasn’t changed yet however.
 
____
 
I want to thank everyone on the forum who helped and gave me advice, I appreciate it so much and I will look to see if I can return the favor or help anyone out who has MSC/ AOS questions!! 
 
 
The following is my timeline...
JUNE 09 2017 : Submitted package
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you
If your case don't require an interview you will receive an RFE
AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview - October 2nd
August 29 interview scheduled
September 27 - EAD: New Card is being produced.
October 2 2017 : Interview and approval for green card. 
 

We had our adjustment of status/ green card interview today. 
My wife (USC) was nervous (as with any interview) but all in all it was a relatively stress free day. 
 
We arrived to USCIS Centre in Buffalo, NY at around 9:30 - Interview was at 9:45.
we went in and waited until 10:05. 
The gentleman called us and we followed him to a small room. 
We done the oath.
He went over our basic information 
(mother’s name/if either of us have kids/date of birth).
He asked us when and how me met (online - june 2016)
He asked when the wedding was (April  2017)
He asked where it was.
 
My documents said I entered on the 25 of March when I actually entered on the 20th. 
He changed this to the 20th. 
 
He asked was I ever arrested or convicted (I said I was, for drunk driving back in 2010)... I gave him a copy of the court report from the conviction and police certificate from Ireland - he said thank you and moved on. (I had already submitted court report with initial packet)
 
He asked about our co-sponsor (my wife’s mom) and he looked through our pictures that we brought, asked about one - and then told us I was approved and my green card would be out in the next 3 weeks. 
 
I then gave him my medical report which I needed to get a new copy of after receiving and RFE for to bring to interview. 
He looked through it and then told me the that in USCIS view our marriage is bonified, my green card is approved and that it would be out in the next 2-3 weeks in the post. 
He told me that I can apply for naturalization in 3 years as my spouse in a US citizen, told us goodbye and that was that. 
 
Online Case status hasn’t changed yet however.
 
____
 
I want to thank everyone on the forum who helped and gave me advice, I appreciate it so much and I will look to see if I can return the favor or help anyone out who has MSC/ AOS questions!! 
 
 
The following is my timeline...
JUNE 09 2017 : Submitted package
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you
If your case don't require an interview you will receive an RFE
AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview - October 2nd
August 29 interview scheduled
September 27 - EAD: New Card is being produced.
October 2 2017 : Interview and approval for green card. 
 

We had our adjustment of status/ green card interview today. 
My wife (USC) was nervous (as with any interview) but all in all it was a relatively stress free day. 
 
We arrived to USCIS Centre in Buffalo, NY at around 9:30 - Interview was at 9:45.
we went in and waited until 10:05. 
The gentleman called us and we followed him to a small room. 
We done the oath.
He went over our basic information 
(mother’s name/if either of us have kids/date of birth).
He asked us when and how me met (online - june 2016)
He asked when the wedding was (April  2017)
He asked where it was.
 
My documents said I entered on the 25 of March when I actually entered on the 20th. 
He changed this to the 20th. 
 
He asked was I ever arrested or convicted (I said I was, for drunk driving back in 2010)... I gave him a copy of the court report from the conviction and police certificate from Ireland - he said thank you and moved on. (I had already submitted court report with initial packet)
 
He asked about our co-sponsor (my wife’s mom) and he looked through our pictures that we brought, asked about one - and then told us I was approved and my green card would be out in the next 3 weeks. 
 
I then gave him my medical report which I needed to get a new copy of after receiving and RFE for to bring to interview. 
He looked through it and then told me the that in USCIS view our marriage is bonified, my green card is approved and that it would be out in the next 2-3 weeks in the post. 
He told me that I can apply for naturalization in 3 years as my spouse in a US citizen, told us goodbye and that was that. 
 
Online Case status hasn’t changed yet however.
 
____
 
I want to thank everyone on the forum who helped and gave me advice, I appreciate it so much and I will look to see if I can return the favor or help anyone out who has MSC/ AOS questions!! 
 
 
The following is my timeline...
JUNE 09 2017 : Submitted package
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you
If your case don't require an interview you will receive an RFE
AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview - October 2nd
August 29 interview scheduled
September 27 - EAD: New Card is being produced.
October 2 2017 : Interview and approval for green card. 
 

We are in a very similar position - had our interview on Monday (Submitted on June 09) and we got approved on the spot and told me green card will be out in 2-3 weeks and told us about naturalization in 3 years etc.  He did not give me a letter though and our case tracker has not changed from "interview is scheduled" so i was starting to worry as it has been very accurate so far. 

Just to add to this - yesterday I received a letter in mail - approval notice on very light green paper .
"this is to notify you that your application for permanent residence has been approved, you should receive your new card within the next 3 weeks"
 
mind is officially at ease. 

Relax is the officer said that it has been approved, u have nothing to worry.
 
Case tracker is legendary for being inaccurate.
 
sometimes people get GC in the hand and status is still the old one 

We had our adjustment of status/ green card interview today. 
My wife (USC) was nervous (as with any interview) but all in all it was a relatively stress free day. 
 
We arrived to USCIS Centre in Buffalo, NY at around 9:30 - Interview was at 9:45.
we went in and waited until 10:05. 
The gentleman called us and we followed him to a small room. 
We done the oath.
He went over our basic information 
(mother’s name/if either of us have kids/date of birth).
He asked us when and how me met (online - june 2016)
He asked when the wedding was (April  2017)
He asked where it was.
 
My documents said I entered on the 25 of March when I actually entered on the 20th. 
He changed this to the 20th. 
 
He asked was I ever arrested or convicted (I said I was, for drunk driving back in 2010)... I gave him a copy of the court report from the conviction and police certificate from Ireland - he said thank you and moved on. (I had already submitted court report with initial packet)
 
He asked about our co-sponsor (my wife’s mom) and he looked through our pictures that we brought, asked about one - and then told us I was approved and my green card would be out in the next 3 weeks. 
 
I then gave him my medical report which I needed to get a new copy of after receiving and RFE for to bring to interview. 
He looked through it and then told me the that in USCIS view our marriage is bonified, my green card is approved and that it would be out in the next 2-3 weeks in the post. 
He told me that I can apply for naturalization in 3 years as my spouse in a US citizen, told us goodbye and that was that. 
 
Online Case status hasn’t changed yet however.
 
____
 
I want to thank everyone on the forum who helped and gave me advice, I appreciate it so much and I will look to see if I can return the favor or help anyone out who has MSC/ AOS questions!! 
 
 
The following is my timeline...
JUNE 09 2017 : Submitted package
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you
If your case don't require an interview you will receive an RFE
AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview - October 2nd
August 29 interview scheduled
September 27 - EAD: New Card is being produced.
October 2 2017 : Interview and approval for green card. 
 

Update to this.

 
JUNE 15 2017 : Everything was received by USCIS
JUNE 23 2017 : Received BIO appointment
JULY 13 2017  : Attended BIO appointment
JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper
AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)
AUGUST 14 2017 : Received a purple letter saying that :
        The version of the form I-693 is no longer in use....... >>
if you receive an interview notice please bring the updated I-693 with you If your case don't require an interview you will receive an RFE AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview.
AUGUST 31 2017 : Interview date set for October 2nd. 
 
Looks like I will have my interview before my EAD comes in! I need to prepare now!!
 
 

EAD is form I-765.  This message is regarding your I-485 and will have no effect on EAD or AP.
 
If indeed they send your file onto the local field office for interview it will depend on that field office processing time.  http://www.visajourney.com/timeline/aosstats.php    https://egov.uscis.gov/cris/processTimesDisplayInit.do
 
If they waive your interview your file will remain at NBC for greencard issue.  There is not a processing times chart for the NBC.
 
 
There is controversy on the whole RFE clock reset to where you left off, RFIE clock restart back to 0.  We got an RFIE and it didn't restart our clock.  
Yes, you can request an expedite.  You don't need a congressman for that.  You can do it online I believe.

Just a heads up - my status has been set on "Ready to be Scheduled for Interview" for over 5 months. 
 
Hang in there! 

unfortunately, this just means that your fingerprints have been processed and that your file is complete. The file now goes to your field office and it depends on how busy they are when they can schedule it - so you can still wait for a long time. You can check your local office's processing times.
EAD is taking about 4 months without RFEs from what I understand... 
 

Correct.  The forms are processed separately.