I601 filers along with AOS case

[MGarza78]

Hello,
Am new to this site and wanted to share our case and hopefully find some comparable cases that can helps us too.
I am the petitioner my hubby came here with a visitor visa 2016 never left.
We filed his I130, I765, I131, I485 on Oct 11, 2019. We were told he will need to file waiver I601 as well. We had not send it in yet, waiting for his official receipt from USCIS.
Any idea how long will all of his process take? Our attorney said between 6-9 months but after reading some of the timelines here I'm not sure she is correct with her timing.
Thank you.

What's next after filing?

[newacct]

Why does he need a waiver? What ban does he have?

[MGarza78]

Why does he need a waiver? What ban does he have?

Hi, he lost his legal status. He overstayed his B2 visitor visa.

[newacct]

Hi, he lost his legal status. He overstayed his B2 visitor visa.

Neither being out of status nor accruing unlawful presence by itself causes a ban. You have to accrue more than 180 days of unlawful presence and then leave the US to trigger an unlawful presence ban. Since he has not left the US, he does not have a ban. Assuming you are a US citizen, he is eligible for Adjustment of Status (I-485) despite being out of status, which means he does not have to leave the US, will not trigger a ban, and does not need a waiver, no matter how long he may have overstayed or how much unlawful presence he may have accrued.