Help: I'm a US Citizen Marrying an Indian Woman with a Pending AOS

[nycelta]

Hi everyone,

I am new to these boards and need some urgent advice.

My girlfriend (an Indian citizen), who I am in love with, and want to marry is currently in the United States with a pending 485 (AoS) using an employment-based application. Her application was initially received on August 19, 2002 and was processed at the VSC. In September of 2004 her application was denied to due to not responding to a RFE. She never responded to the RFE because her family never received it. The RFE was returned by the post office prior to it being delivered. Her case was then denied. So in order to re-open her case under section 245i, she paid the $1000 fine and the case was re-opened as per the notice of action received and sent by the VSC on June 2, 2005.

On the USCIS web page her status is listed as the usual -- we will respond to your inquiry within 365 to 540 days, but with the additional clause that since her preliminary paperwork was already filed, the processing time will be less than the maximum stated.

I am a US Citizen (born in NY, and currently live in NY) and as we plan to marry in front of the city clerk in the next few days, I have the following questions:

1) should I file a I130 on her behalf as her husband (once I receive the marriage certificate) even though she has as an employment-based 485 (AoS) pending?

2) does she need to re-do her medicals and Bio package since that was already completed prior to receiving the AoS?

3) do I submit to the VSC where her 485 is pending? or to a local office? which will have faster processing times?

4) will filing the I130 in any way interfere with her current application?

5) should we submit the 765 work visa? or wait for the LPR card?

thanks in advance for your help!