GC/EAD for my fiance through marriage

outletvolt1

Registered Users (C)
I am an LPR since 16th September 2005. I live and work in Washington and my fiance works in Texas on H1B.

We've been seeing each other since October 2008. It has been quite difficult for her to get a job in Washington that will sponsor her H1B. For me, it's been difficult to get a job in Texas that is as good as my current job. Only way I think she can move to Washington is if she gets a GC (or EAD). Here's what I am planning in order to help her get it.

I want to get it validated from this forum and find potential pitfall in my plan.

1. We get married in Washington state in May 2010.
2. I apply for my US citizenship in June 2010 (90 days before 5 years rule).
3. Assuming all goes well, and based on current processing times, I may get US citizenship in September/October 2010.
4. I file I-485, I-130 and I-765 for her.
5. Within 90 days she should get an EAD and be able to move to Washington after quitting her H1B from Texas.

Based on this plan, I have following questions.

a. We will be living seperately after our marriage because she can't move to Washington and neither can I move to Texas.
Will this be a problem in order to prove our marriage? I have read people suggesting lease, utilities as ways of
proving common residence.
b. Will she be eligible to move/work/live in Washington using EAD if 90 days have elapsed since her 485 application?
c. Does she need a K-3 visa? I guess NOT.

Thanks.

V
 
a. Not a real problem. Just have enough evidence for "financial co-habitation", i.e., bank accounts, credit cards, etc.
b. well, technically once the AOS is filed, she is legal (even if she leaves her job and moves with you). She can get the EAD within 90 days. The recent processing times are around 60-70 days
c. No
 
You mentioned not being able to get a job in Texas as good as your current job ... if the "as good as" is mainly about the money, it is important to consider the lower cost of living in Texas compared to Washington DC. Washington DC is one of the most expensive places to live in the US, and Texas is one of the cheapest states. You could probably make 30% less salary in Texas and still live in a bigger house and save more money than in DC.
 
You mentioned not being able to get a job in Texas as good as your current job ... if the "as good as" is mainly about the money, it is important to consider the lower cost of living in Texas compared to Washington DC. Washington DC is one of the most expensive places to live in the US, and Texas is one of the cheapest states. You could probably make 30% less salary in Texas and still live in a bigger house and save more money than in DC.

I completely agree with that. I recently moved from PA to TX. Things are much cheaper around here, plus no state tax :)

But, I thought the OP was talking about WA state.
 
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