Hello,my name is Judith. Thank you for this opportunity to answer your questions.
There is NO wait if she files her I-485 with your I-130 before September 30th. She would get her EAD and permission to travel within 90-120 days. Your interview would be scheduled in approx. 6 months.
We are not sure if the visa numbers will retrogress in the future because there is no way to predict how many FB2A applications are being filed in Aug & Sept so time is of the essence.
Here is what you will need: Find instructions for each here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-130 Immigrant Petition (signed by US citizen spouse)
I-485 Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- thisdocument permits alien to travel during the pendency of their "green card" case)
G-325A Biographic Sheet (one for alien and one for their spouse)
A medical examination in a sealed envelope performed by a civilsurgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Two passport sized photos of spouse
Six passport size photos of alien
Copy of alien's passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
Thepacket get filed at the PO box on Page 6 of the instructions
You can read about the process at this site http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD
Conditional Resident status is granted for 2 years. You and yourspouse have to file a joint petition to remove this conditional status within90 days of the 2nd anniversary date of the adjustment approval. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).