AOS from R1 to Green Card but married to US citizen

[galatians 0]

I'm currently living in the US having entered 14 months ago on an R1 Visa which expires June 2010. I got married 9 months ago to a US citizen and so I'm looking to file for AOS soon.

I have 2 questions:

1. Can I file for a green card (I-130 + I-485 etc.) based on being married to a US citizen even though I entered the US 14 months ago on an R1 visa?

2. Is it a good idea for my wife start the green card process now by submitting I-130 + fee even though we won't be able to submit the I-485 for a while because we don't have all the fees yet?

Thanks.

Edited July 22, 2009 by galatians

[familyguy 2]

Yes, you can apply for AOS. If you want to adjust status then you have to file a I-360 application for special immigrant and obtain approval and as normal then file an I-485 application for adjustment of status when priority date for I-360 is current.

[galatians 0]

Do I HAVE to submit I-360 when I'm applying for AOS on the basis of my marriage to a US Citizen not on the basis of being a Religious worker? If so, why?

Thanks.

[galatians 0]

I'm wondering what's to prevent my wife from submitting I-130 so that we can continue to apply for AOS on the basis of the I-130 petition?