Thanks a lot Jim for such a detailed answer. Well here are the answers to some of the questions you asked:
My lawyer filed I-485, I-765 and I-131 altogether. After about a month, I got the biometrics appointment letter from USCIS and right after that I got another letter saying that the I-765 was denied. I will quote the reason for denial right from that letter here, "In order to be eligible for employment authorization the application for relief [I-485]must have been filed with the immigration court prior to the filing date of Form I-765. You submitted a copy of form I-485 and filed form I-765 concurrently." Now is the immigration court different than USCIS? Sounds like a dumb question but it's confusing. What does this all exactly mean? I asked my lawyer and he said once I-130 is approved, the judge would drop the removal charges and everything would be fine. Not sure if that's true, is it?
I've read a lot about the immigration law, and I've read quite a few court transcripts, but I'm not real familiar with the order of events and procedures in removal proceedings. What I read are summaries of cases, how they turned out, and why they turned out that way. People rarely post a "blow by blow" account of their removal proceedings, from beginning to end.
In other words, I don't know if there are technical differences between an AOS filed with an immigration judge and one filed with USCIS, but apparently there are differences. From the contents of the denial letter you got, it sounds like a technicality. They apparently won't accept a concurrent filing from the immigration judge. If I understand that correctly, it should mean that they'll accept the I-765 if a copy of the receipt notice for the I-485 is included. I'm PRESUMING the category for the I-765 is "c9", which is pending AOS, since they specifically mentioned the I-485 in the denial letter. If so, then there should be no filing fee, even if it's not filed concurrently.
It sounds like your attorney is dancing around the daisies a bit. The approved I-130, by itself, doesn't stop the removal proceedings. What it DOES do is make your I-485 approvable, and that WILL stop the removal proceedings while the I-485 is adjudicated. If the I-130 is denied, then your I-485 cannot be approved, and the removal proceedings will continue. What the I-130 does is establish that an immigrant visa is immediately available to you, which is one of the three primary requirements to become a legal permanent resident in the US.
I do not have any criminal record, I have many witnesses and proofs that we had been dating since 2007 like pictures, videos, phone records etc. Well, if you noticed I got married the same day when ICE officers showed up at my place. How could I get married without a marriage license right? That's the biggest proof right there that I already had a marriage license issues by the state of Minnesota earlier. Another strong evidence would be my wife's pregnancy and our actual reception that happened couple of weeks ago.
As far as the I-131 is concerned, I asked my attorney to file it; incase I had to travel although I have no intentions to travel until I get my Green Card.
I don't know the laws in Minnesota. In California, you can walk into a county clerk's office with your fiancee and picture ID, and walk out a married couple 20 minutes later. The did away with things like blood tests and waiting periods here a long time ago.
Now, if USCIS never sent you any notice that you were in removal proceedings (doesn't matter if you ever received the notice - only matters if they ever sent it), and you can prove you got the marriage license before
you knew anything about the removal proceedings, then that's pretty strong evidence in your favor. Same goes for the wedding reception, or ANY other plans you made for the wedding BEFORE the removal action began.
Your wife's pregnancy is not relevant. All it proves is that you were having sex before you were placed in removal proceedings, but it doesn't prove you planned to marry. This is America - EVERYONE has sex before they get married.
You have more than 180 days of unlawful presence. If you get the AP travel document and actually leave the US then you'll be hit with an automatic 3 year ban - you won't be allowed to return, and having an AP travel document won't change that. You don't need any travel document to actually LEAVE the US. You could leave anytime you like. You just wouldn't be able to come back. It doesn't hurt anything to apply for the AP, especially since it doesn't cost anything, but the document won't be useful for anything other than a souvenir.