Considering marriage while awaiting pending appeals

#1
I am considering marriage to a citizen who has disability income. I am currently working in the States on an H1B visa which is currently on appeal while awaiting a 10 year pending PERM appeal decision. My questions are --

1. What immigration forms do we accomplish? How soon after the marriage should we process these?
2. Can I help support myself using my work income?
3. Can we accomplish the forms ourselves without requiring a lawyer?
4. Can I maintain a work address (different state) from our legal home address (another state), where my intended husband resides?

Thank you so much and God bless you all in the 2020s and beyond.
 

newacct

Well-Known Member
#2
1. I-130 and I-485 are the basic ones. I-765 for EAD and I-131 for AP are optional but they are free with I-485 so why not. Each form requires other forms and documents, e.g. I-130 for spouse needs I-131A; I-485 needs I-864 Affidavit of Support and I-693 medical. You can file as soon as you get the certified marriage certificate.
2. Your income can be counted in the sponsor's household income
3. yes
4. You mean you live in a second place for work? There might be some questions about your marriage if you live apart, but it should be okay if you explain it's only due to work
 
#3
newacct, thank you so much for your help and information. I have one follow up question. When would it be considered too late to apply for the green card through marriage after the marriage has taken place? Thanks again so much.
 
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