"extending the waiting period to apply for employment authorization to 365 days"....My understanding is that, right now, an asylee can apply at 150 days, but an EAD cannot be approved until 180 days after filing for asylum.
He has been married to a US citizen since 2017. He has also been a Green card holder for more than 5 years. I think OP qualifies to file under either option....although I see no benefit for filing as spouse of a US citizen.
General Provision.....No need to provide the extra evidence which is required if you file as spouse of a US citizen. That spouse of a US citizen option is only beneficial if a Green Card holder wants to file under the 3 year rule.
The Senator's office likely meant that an I-751 must be approved prior the approval of an N-400....which is true. However, the N-400 sometimes pushes an I-751.....but not always.
Do you have a link to the USCIS "which clearly states that the N-400 timeline prevails in joint cases"? I would be interested in seeing how they worded that.
1. That is the USCIS Immigrant fee. It is paid online. You can pay it either before or after travel, but your actual Green card will not be procuded until you have both entered the US and paid the fee. The fee is $235
https://my.uscis.gov/accounts/uscis-immigrant-fee/start/start-payment
2. Your Green Card will be automatically mailed to your US address.
3. You can travel on an endorsed immigrant visa.
4. No interview......just a couple questions.
She will be a legal resident with full work authorization the minute she has her CR-1 visa endorsed upon arrival. She can go to a local SSA office to have her SS card updated with her married name and the statement removed. Good luck.