Pending AOS

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Registered Users (C)
Can I get married to an F1 while my I-485 family based petition is pending?
Can I petition on her behalf for AOS?
How soon must I inform USCIS of the change in marital status?

Do I need to file an I-130 in this case?

oh by the way, her OPT expires on 05/31

Are the options above available and legal? I asked a reknowned immigration lawyer and he looked at me like I' m on crack.
 
Can I get married to an F1 while my I-485 family based petition is pending?
Can I petition on her behalf for AOS?
How soon must I inform USCIS of the change in marital status?

Do I need to file an I-130 in this case?

oh by the way, her OPT expires on 05/31

Are the options above available and legal? I asked a reknowned immigration lawyer and he looked at me like I' m on crack.

If you are waiting for a visa based on your status as a "child" or unmarried son or daughter of an LPR, you will lose out on the visa by marrying before getting a green card approved. If an unmarried child, son or daughter of a USC, you will move to different category for which a visa is unavailable and the I-485 would be voided.

You have not provided enough detail in your post.
 
I am unmarried child 21 and older of a USC priority date 10/24/2001.
10/24/01 I-130 filed
08/15/05 I-130 approved
12/15/08 I-130 revoked upon death of petitioner (My father USC)
09/28/10 I-485 filed
02/18/11 Interview
03/26/11 MTR approved
Still waiting
 
I take it you got your I-130 reinstated based on that new law that allows reinstatement (in certain circumstances) after death of the petitioner?

Marrying would move you into the 3rd preference category, for which the cutoff date is May 1, 2001. You would need to notify USCIS ASAP about the marriage, otherwise your green card might get incorrectly approved, greatly complicating your situation because you might not be able to get your I-485 reinstated if they rescind your green card when your priority date is not current ... if you marry in the next few months, your PD would not be current.

Your PD is in October 2001, so your spouse would not be able to file I-485 for several months. And she must be in legal status when she files the I-485; based on her OPT expiration, she will have to leave the US unless she can obtain some other nonimmigrant status.
 
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