Joe47

See here for the "When USPS loses your greencard": http://www.visajourney.com/forums/topic/568123-when-usps-looses-your-greencard/
I'm sorry and Best of luck!

My husband and I had my green card interview yesterday morning, so I wanted to share it with everyone in case it helps or alleviates someone's nerves! My interview was conducted at the Lawrence, MA field office.
We arrived 30 minutes early and the place was pretty empty. We went through the metal detectors, etc and went up to the check-in counter. They checked our interview notice, stamped it, and sent us to sit down in the waiting area. Not a lot of people there either, maybe 15-20 total. We sat for about an hour and were called in 30 minutes after our interview time (interview was at 11, officer called us at 11:34 or so). Luckily we had a really nice, really laid back officer. First thing he did was smile at us and ask, "are you nervous?" To which I replied (just sort of mumbled), "umm no, a bit, not really." haha. I WAS nervous!
He took us into his office and made us stand and put us under oath. He had our MASSIVE file on top of his desk (we sent a lot of evidence initially, as our lawyer suggested). He looked at us, smiled, and said, "I want you to know you sent more than enough evidence to prove your relationship and I'm going to approve your petition, we just need to go through a few standard questions." This obviously put us both at ease and made me very happy!! Then he asked for all my passports and husband's driver's license. After that he asked to see originals of marriage certificate, divorce decree (husband was married before), our joint lease (we recently moved), my current I-20, my I-94 (which he kept), my driver's license, my SS card. He used these to confirm that the copies we sent were real.
Then he went through both of our biographic forms and asked my husband about himself, then asked my husband about me (husband had to state my full name, date of birth, place of birth, etc). Then he went through my biographic info with me (asked me the same questions about myself, not about my husband). Then we went through the standard "are you a spy?" questions. He was really nice about it and made jokes -- he asked me "are you Batman?" so everyone laughed. ha.
Then he asked if we were happy in our marriage, we said yes, so he explained that we were approved and we would get the card in the mail within 3 weeks or so. He explained about ROC and citizenship. Then we shook hands, thanked him, and he walked us out. That was it! We were out by noon, so the interview itself took about 25 minutes (most of this was him just comparing originals to the copies we had sent, and taking new copies of our lease and all my passports).
I checked my status on the tracker right after the interview and it said my new card was being produced. This morning (next day) I received email confirmation of I-130 and I-485 approval. YAY!!
So my experience should reassure all of you with real relationships that there is NOTHING to worry about. And it *does* matter whether you send evidence with your package or not. I would NOT wait to bring all the marriage evidence to the interview -- it seems better to have the officer already on your side once you walk through the door. In our case it seems the officer felt he already knew us and was comfortable approving us right away.
Best of luck to everyone interviewing this week!! : )

Hi,
Your situation is not complicated. It's quite easy.
Since you are currently in the US, there is zero risk of getting married on the VWP.
The preconceived intent to immigrate is not an issue. Under Matter of Batista and Matter of Cavazos, USCIS can not deny your AOS for having immigrant intent.
There i no red flag to get marry in 90 days.
If you want to go the K1 route, you can visit under the VWP if you meet all the requirements. Overstaying would end your ability to travel in the future on the VWP. It will not make the K-1 longer.
You do realize that you will not be able to legally work for 90 days while you wait for your EAD. Furthemore, if you leave the US without AP, you will be deemed to have abandoned your AOS.
Best of luck.

Biometrics are fingerprints and a photo. Security is like any government building.

If I may chime in. The IRS don't report "illegals" all IRS cares about is getting their money. They do not report it to USCIS.

You need apply for ITIN :
https://www.irs.gov/Individuals/General-ITIN-Information

You list the address where you live together, which seems to be your in-law's house.
Where does it state you are not eligible?
The I-485 instructions >http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf
Who May File Form I-485?
You may apply to adjust your status if:
...
B. You are filing this application with a completed
relative petition, special immigrant juvenile petition,
or special immigrant military petition which, if
approved, would make an immigrant visa number
immediately available to you.
From the USCIS website >http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents
Bringing Spouses to Live in the United States as Permanent Residents
You are a: U.S. citizen
Your spouse is: Inside the United States (through lawful admission or parole)
How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.
The US Code > https://www.law.cornell.edu/uscode/text/8/1255
8 U.S. Code § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.

That item, as written in the instructions, is simply wrong.
There is no ineligibility for "authorized stay expired" in the law. There is only an ineligiblity for failing to maintain status (of which expired authorized stay is a subcategory), but that does not apply to Immediate Relatives. The instructions does mention failing to maintain status in as item number 6 in the ineligibilities, and does mention that it does not apply to Immediate Relatives. I don't know why whoever wrote these instructions felt the need to add an additional item for "authorized stay expired", when it's already covered. Maybe they thought they were helping by being more specific. But by failing to note that it does not apply to Immediate Relatives, they made it wrong.
The same thing is true for unauthorized employment (item number 5); it also is a subcategory of failing to maintain status, and also does not apply to Immediate Relatives, but the instructions do not note this.

You need the copy of your marriage certificate, so wait for it. You might be able to get it faster if you go the court to get it in person, rather than just waiting for it to be mailed.
You will enter a new period of authorized stay once you file for AOS. ICE won't come pounding on your door looking for you as soon as you start accruing overstay before you file. Just get it filed as soon as you possibly can.
Guide > http://www.visajourney.com/content/i130guide2

you need that cert , as it doesn't make sense to submit an incomplete casefile set.
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i do suggest you work on the docs this week and weekend, though. don't forget the medical exam.