AOS while in the US.

[andyandjamie]

Ok here's the situation. My fiance (boyfriend at the time) came over on a J-1 visa last year (his J-1 is NOT subject to returning home for 2 years at the end). Back in August we filed for the fiance K-1 visa because he was going to go home after his J-1 was up and work for awhile to save money. Turns out he was able to extend his J-1 visa for a year by getting a job here (expires Dec 2009 now)! However, our K-1 was initially approved meaning he would have to have an interview at the embassy in Australia if we went that route. There are a few things I need to know:

1) Is it ok to cancel the K-1 process and just do AOS once we get married.

2)If we can apply for AOS, can he continue to work on his current visa while we wait for EAD to process?

If you have any additional information that would also be fantastic! Thanks