I know that ewi personal cannot have any legal status without something signed before 2001 as far as what my lawyer was saying.[/quote]

the 245i is what you are referring to in regards to filing before April 01, 2001. this basically means that for those who filed before April 01, 2001, when they are able to adjust their status, they will NOT have to leave the US in order to do so.

since your spouse is a USC, i would recommend that you file an I-130 Relative Petition along with the I-485. Once your I-130 is approved, I would then file the I-601, not the I-601A. this, if approved, will left the ban that could occur when you leave the US in order to obtain your visa.

if i were you, i would contact a true immigration lawyer to help with all this.

back when i tired to apply for Family Unity, i used a lawyer at Catholic Charities (in CA) and she was the best lawyer that i had talked to in 12 yrs of dealing with my immigration case.

hope this helps.