Ok, I hope someone can help; I have decided to marry a man that I met who is currently living in Vail, CO from Jamaica who is here on an H2B Visa (seasonal worker - 3 year condition with option to have one 3 year extension). He's been in the U.S. for over a year. The main issue is that I live in Tennessee. We have spent a small fortune flying back and forth and we have decided to go ahead and get married. The only problem is that I have to file a I-130 and on the form it asks "what is the last address we lived at together", well, obviously, we will live together (in Tennessee) but he is afraid to leave his job there before he gets and EAD. He is afraid that this will put him out of status and wants to do everything leagally... So, here are the questions... and I've searched and searched and figured this is the best place to ask. Can we marry and I file and I-130 while he's still at his current employer and waiting for an EAD so that he can work legally here in Tennessee? Or once we are married, and the I-130 , I-485, AP and EAD are filed, can he leave his current employer and move here with me and still be here legally? Any help will be great!

Thanks!
Dawn

When my husband and I got married, I was on a H1B visa, we never lived together and I was working in New York while he was working in Chicago. We would see each other every other weekend, had vacations together, etc. We got married and then I left my job to move to Chicago and we then started to apply for adjustment of status. My adjustment of status went from H1B visa to Temporary Permanent Resident. In the I-130 we put that the last address we lived at together was our current address (the one I just moved to). We didn't apply for adjustment of status until about 1 1/2 after we got married because I got to work remotely for my employer in NY for another month. We didn't have any issues at the time and a temporary green card (because we were married for less than 2 years) was issued in Sept 04.

After you get married, file for I-130 concurrently with the I-485. If your husband doesn't have any plans on changing employment, he doesn't have to file for EAD although the cost for it is already incorporated in the AOS fee. I've seen couples who lived in two different places file for AOS and succeed. It's important that you document evidence of times spent together (trips/visits) and joint ownership of assets (e.g. joint account, home, car, etc).

Thanks so much! That's exactly what I needed to know... just wasn't sure if it would be harder if he wanted to wait for the EAD. He will not be working for the same employer, he will be looking for another job; and the company that he's with is only there in Vail, CO so he can't do the work remotely or anything like that. And of course, like any "good" man, his concern is both for him and I... he doesn't want to have to depend on me to support him while he is out of work for several months and waiting for EAD. Guess we will try it this way... Thanks again!

Spent a small fortune flying from CO to TN? Oh, honey, you have no idea......Try flying to Jamaica regularly to see him.

I do wish you the best of luck. If you want to check out the Yardie #5 thread, you can chat with some of the rest of us Jamaica fans.

Thanks! I know exactly what you are saying and I will NEVER attempt to cheapen your experience... lol! It must be love and thank God, we are able to do what we are to see each other and I can only imagine that I will go NUTS trying to fly to Jamaica to visit him... I admire you guys for your experiences...