hmh33

To be clear: her future in the US is in grave peril. Falsely claiming US citizenship is just about the worst possible thing she could do in terms of immigration consequences. You need a top notch lawyer. Many don't have what it takes. Choose one with a great track record and directly relevant experience - don't choose one just because her brother used him/her and they seemed to do okay with that case.

To be clear: her future in the US is in grave peril. Falsely claiming US citizenship is just about the worst possible thing she could do in terms of immigration consequences. You need a top notch lawyer. Many don't have what it takes. Choose one with a great track record and directly relevant experience - don't choose one just because her brother used him/her and they seemed to do okay with that case.

To be clear: her future in the US is in grave peril. Falsely claiming US citizenship is just about the worst possible thing she could do in terms of immigration consequences. You need a top notch lawyer. Many don't have what it takes. Choose one with a great track record and directly relevant experience - don't choose one just because her brother used him/her and they seemed to do okay with that case.

This is a very big problem. You need a good lawyer.

If AOS is approved, the EAD becomes irrelevant. And because the I-765 processing is independent of the I-485 processing, the fact that your AOS interview has been scheduled has no impact on the timeline of EAD approval.

If your case is straightforward, do it yourself. If it's complicated, get a good immigration attorney. Under no circumstances use an "agency" - waste of money.

Cancel the check with your bank?

How long has he overstayed for? If less than 6 months, and maybe if less than 12 months, he should leave now to avoid incurring the bar.

You might or might not get an email with your interview date, depending on how badly their computer systems are malfunctioning that day. You should definitely get an interview appointment letter in the mail, but it might not come until as little as 2-3 weeks before the interview itself.
At some point you'll probably receive electronic notification that your EAD has been approved, and then you'll get the card in the mail, but that is a separate, parallel process so its timing has no relation to the AOS interview timing.

From what you've described, your case should be fairly straightforward. Try not to worry too much.

Agreed.

You might or might not get an email with your interview date, depending on how badly their computer systems are malfunctioning that day. You should definitely get an interview appointment letter in the mail, but it might not come until as little as 2-3 weeks before the interview itself.
At some point you'll probably receive electronic notification that your EAD has been approved, and then you'll get the card in the mail, but that is a separate, parallel process so its timing has no relation to the AOS interview timing.

Don't get hung up on what the online status says. It's famously inaccurate.
And like kzielu said, filing for marriage-based AOS from anything other than a K-1 guarantees that you'll be interviewed.
I would expect an interview sometime in May.

AnotherLostSoul is wrong. An I-140 is NOT an application for permanent resident status. If you were asked whether any immigrant PETITIONS had been filed on your behalf, you would answer 'yes', because that's what the I-140 is.

I guess he should carefully answer the questions asked. "List previous marriages" is different to "List previous spouses".

I don't think anyone who has posted a response so far is really qualified to speak to your chances of success. I would suggest consulting (not necessarily retaining) a GOOD immigration lawyer before filing, and before your VWP expires.
I'm not normally one to suggest attorneys for most cases, but in your situation I think it is a good idea. I don't think laypeople (even the informed ones on this forum) have enough insight into the immigration officer's decision process.

You can start gathering evidence that you have been in the US since 1997, in case they ask for it: school records, domestic airline boarding passes, utility bills etc

Bring an immigration lawyer.

Bring an immigration lawyer.

It's no big deal.

No big deal. Try to get it all submitted ASAP. His presence is protected as soon as the application is filed... if his B-2 status expires before then, he may be unlawfully present for a couple of weeks, but ICE has way bigger fish to fry and the unlawful presence will be forgiven when the application is approved.

It's true that you can't appeal a denial, but a denial is very unlikely. A simple mistake on the forms, missing or incomplete evidence would result in RFE, not denial. If you do get denied and told to leave the country you can still apply for a CR-1 visa abroad. I guess it depends on your attitude... you could also get hit by a bus on your way to the USCIS office.

It's true that you can't appeal a denial, but a denial is very unlikely. A simple mistake on the forms, missing or incomplete evidence would result in RFE, not denial. If you do get denied and told to leave the country you can still apply for a CR-1 visa abroad. I guess it depends on your attitude... you could also get hit by a bus on your way to the USCIS office.

Neither proof of naturalization nor proof of permanent residency is applicable since your wife was neither naturalized nor is she a permanent resident. She is a US citizen by birth and should include a photocopy of her birth certificate as proof of that. She should bring the original (certified copy) birth certificate to the interview, she only needs to submit a photocopy with the I-130.
The payment can be as separate checks / money orders for each form or as one combined check / money order for $1490 (in the most common case). It doesn't matter whose signature is on it.

If you leave the country before you are approved for either advance parole or adjustment of status, the adjustment application will be considered abandoned and you won't be allowed back in without an immigrant visa. (another long, expensive process)
Did you file I-131 to apply for advance parole? You could have filed that for free in the same package as your I-130 and I-485. You can still file it for free if you include a copy of the receipt notice from your I-485, but it's too late to do that for a Christmas trip, because it takes a couple of months to be processed. In fact, by this point it's likely that you'd get the green card before the advance parole would be approved, rendering it moot.
It's possible to apply for expedited or emergency advance parole but a vacation to visit friends and family doesn't qualify.
Conclusion: If you didn't already file I-131 with your adjustment of status package, you should cancel your travel plans. Sucks, but at least you didn't already leave!