Filing I-130 - Eligibility for EDA

Hi,

Me and my fiancee would like to get married this fall. I am a US citizen and she is on her working visa. I have a couple questions and hope that someone can help me.

1. After we get married, do I need to file I-130 along with I-485 or do I just need to file I-485?

2. Since she is on her H visa, can I still file EDA for her? The reason I am asking is because we are not living in the same city due to her job. She can only work for that job under the H visa. Will filing a EDA allows her to work anywhere?

Thank you so much for your help.

YOU will file the I130 petition for your alien spouse, and at the same time SHE will file the I485 to adjust her status from H Visa to Legal permanant resident based on marriage. (there are other forms as well that you can find in the process link below.) At the same time, you can file the I765 Application for Employment authorization, which when approved, will allow her to work anywhere while the adjustment of status is in process.

Usually, you can file all these documents together, in one package, but you need to follow the instructions on the forms (also on the link).


http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Thank you so much. That helps a lot.