Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
Your old permanent resident status is abandoned by action of law after being outside the US for more than one year as well as you having filed the I-407.
But that doesn't matter. You can have your new spouse file all over again for you fresh after you marry at Thanksgiving.
You just have to make sure when you and she go on an interview that you make it clear you had no intention when you entered 10/06 to marry and immigrate, you only came here to visit an old friend. It was not until after you and she spent much time together that you decided that you wanted to marry her and she wanted to marry you. It happened very suddenly this love becoming so strong.
It is helpful if you still have a residence back in Europe and still have your assets and ties there. That shows you really intended to return there after your ESTA visit.
Here is what you will need: Find instructions for each here:
I-130 Immigrant Petition (signed by US citizen spouse)
I-485 Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)
G-325A Biographic Sheet (one for alien and one for their spouse)
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Two passport sized photos of spouse
Six passport size photos of alien
Copy of alien’s passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
The packet get filed at the PO box on Page 6 of the instructions
You can read about the process at this site
Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval.
Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)
That case held that the presumption of immigrant intent does not apply to immediate relatives if adjustment is filed after 60 days.
However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your father why he was coming and if he was going back home and he answered "yes" but had abandoned all his ties to his home country then the USCIS could consider his statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue. But if you still have a residence abroad, bank accounts, other ties, such as an automobile, business interests, that is proof you intended to go back to Europe and that you and she just became overwhelmed by your strong love after you came on this trip.
You can remain in the US while the new application is pending until you have your interview.
You can get a work permit and permission to travel in about 90 days after you file. You cannot leave the US until you have that permission to travel.
In about 6 months you and your wife will be called in for a joint interview and that is when you make it clear you came on holiday after all these years living abroad and never intended to get married and stay except the love grew and you changed your mind.
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