belinda63

File a new I-485. There is no grounds to appeal since you did not respond to the RFE in time.

What do you mean "medical" paid the bill? Do you mean you had private insurance that paid her bill? Or do you mean the US taxpayers paid her bill?

A green card is for living in the US. If you move back to India you have no need for a green card. To obtain the green card she must cooperate with the process. If she pulls the affidavit of support or refuses to attend the interview (if you have one) your green card will not be approved. To maintain the green card, should you get one, you must live in the US (at least more than 6 months out of the year), pay US taxes on all worldwide income, and maintain ties to the US. You could obtain a re-entry permit which will allow you to remain out of the US for up to two years with good reason.
Again, a green card is for living in the US.

Speaking as a former store manager and HR assistant there are no guaranteed job benefits unless you work for the government. You might be offered a benefit package such as so many weeks paid vacation per year, or so many sick days per year, but it is not a right given to every worker or at every job. There are full-time jobs that give no benefits. As to the "you can't ever call in sick" there is, in many jobs, what is considered a probation period. I have worked places where if you called in or were even one minute late during the probationary period you were fired.
Most states are employed at will states which means either party, the employee or employer, can terminate or quit the position at any time without any reason. Of course, if you are terminated without cause you can file for unemployment.

I do eat them with brown gravy sometimes.

At least he had the good sense to have a pre nup.

It would be better to do a Freedom of Information Act request to CBP to see what they have on record. USCIS will check not only FBI records but their own internal records. If there is documentation that he was already removed previously and returned illegally prior to his ban being finished he no has a life-time ban with no hope for a waiver for 10 years. That 10 years doesn't start until he leaves the US.

You have several choices:
File for AOS now, obtain AP and hope there are no problems when you return. Legally you should be able to enter with AP but not every CBP is aware of the laws and legal cases regarding AP. That is why you would be taking a chance. Amount of time to receive AP after filing AOS 60-90 days provided the packet is submitted completely with no errors.
File for AOS and wait for the green card. Wait time about 6 months.
Leave, incur the ban, file for a CR-1 visa. Wait time about one year. Visa will be denied at the interview and a waiver will be needed. Additional wait time about six months.
Return home, wait for him to finish boot camp and his training and receive a permanent change of station. With you on the orders you can travel with him as his spouse. (verify this since you won't have a green card). File for DCF (if available) which will reduce the initial wait time. The visa will still be denied due to the overstay and a waiver will still be needed.

Why would they come back? To steal the food he bought after they left?
You need to get into family court right away and request an order preventing her from disposing of any property. This is getting nasty right quick. If you take too much time you may find they sold all your property, pocketed the cash, and deny everything. How are you going to prove the value of the property or what exactly they took? I am so sorry for you but immigration would be the last on my list right now, the divorce should be your main priority.

Why would they come back? To steal the food he bought after they left?
You need to get into family court right away and request an order preventing her from disposing of any property. This is getting nasty right quick. If you take too much time you may find they sold all your property, pocketed the cash, and deny everything. How are you going to prove the value of the property or what exactly they took? I am so sorry for you but immigration would be the last on my list right now, the divorce should be your main priority.

I met the requirements working as a waitress. She needs to get a job.

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

I met the requirements working as a waitress. She needs to get a job.

I met the requirements working as a waitress. She needs to get a job.

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

I met the requirements working as a waitress. She needs to get a job.

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

I met the requirements working as a waitress. She needs to get a job.

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

I met the requirements working as a waitress. She needs to get a job.

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

I met the requirements working as a waitress. She needs to get a job.

I met the requirements working as a waitress. She needs to get a job.

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

I met the requirements working as a waitress. She needs to get a job.