Cabazon, CA Immigration Law Firms & Lawyers

You cannot file an I-765 with the I-130. For what you are trying to accomplish, you are probably better off either doing Adjustment of Status, meaning that you file the I-130, I-485, I-765, etc. together once you are in the US (it will take about 90 days from the time you file to receive the employment authorization), or you can file the I-130 and consular process, then the whole process will take about 1 year to complete and your husband will be able to enter the US and work right away as a Lawful Permanent Resident.

No you may not return to the US based on filing an I-130 petition. You will have to remain outside the US during the process, which can take up to 1 year. However, you may wish to consider coming to the U.S. using your Green Card. If your stay outside the U.S. was due to unforeseen reasons, you may not have abandoned your Green Card status.

If you are a US citizen, the fact your girlfriend has overstayed her visa won't prevent her from adjusting status after you marry.  Marriage to a US citizen makes an overstay irrelevant to the adjustment process.  You first step is to get married, they you file a series of applications referred to as a "one-step" adjustment process.  This includes the I-130 and the I-485 and other forms.  I would be happy to give you more detailed information if you need it.