1. Once her I-485 is filed she would no longer be out of status, or if filed before her current status expires, she would not go out of status. She will be able to work when she gets an EAD (takes 2-3 months to arrive after filing the I-765). She will be able to get a driver's license while her green card process is pending, but state requirements vary so it may take anywhere from a week to a number of months before she gets enough of the required papers to apply for the DL, depending on what the state needs to see.
2. No, it makes it more difficult for them to get a visa. The stronger their daughter's ties are to the US, the more the consulate will suspect her parents will want to overstay. If her parents have enough of their own finances to afford their own ticket and spending money, they should apply on their own merit and shouldn't even mention their daughters existence except where specifically asked.
3. The initial green card expires in 2 years. Why do you already expect her to be outside the US when it expires? She needs to return to the US before it expires and renew it in the US, and the renewed one will be valid for 10 years.
4. I'll leave that for others to answer
5. Having a lawyer handle the processing end-to-end would cost thousands of dollars. I wouldn't advise it unless there are complications involved, like if she has a criminal record or a history of immigration violations. Most people don't use a lawyer. However, it should cost only a few hundred$ for a lawyer to sit down for an hour or two to review your paperwork before you send it in, so you could consider that option.
6. You also need
- I-693 (medical exam)
- I-765 (if she wants work authorization)
- I-131 (advance parole, if she wants to travel outside the US while her green card is pending)
- possibly more but I don't remember off the top of my head.
7. That is a question for a marriage forum, not here. But I would expect that a prenup doesn't look good to an immigration officer (although it is unlikely they would know or ask unless you are a millionaire). Be aware that marriages are looked upon with suspicion whenever a green card is marriage-based and the marriage is new, so you should prepare to be possibly interrogated with tough questions. Another issue is that as her green card sponsor, you are financially responsible for keeping her off the welfare rolls until she works for 10 years or becomes a citizen (whether or not you're still married to her), so the prenup wording should not make it appear that you are trying to circumvent that immigration requirement.
EB3 ROW I-485 Approved: July 2007
USC: July 2013
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.