Another H1B / Marriage Adjustment of Status Scenario

[La Abeja Cansada 0]

I know there are a lot of posts regarding the adjustment of status from a H1B to a spousal Green Card, but I would appreciate any feedback about my particular situation so I know that I am not neglecting any important steps or making incorrect assumptions...

I am a US citizen and I want to sponsor my Peruvian fiancé for a US Green Card through marriage. He currently holds an H1B visa to teach at the University of Puerto Rico, and we are living apart at the present moment due to the locations of our jobs (I am outside of Boston). Please let me know if any of the information below is incorrect:

1. After our marriage (in September), we must file an I-130 "Immigrant Petition for Alien Relative", an I-485 "Petition to Adjust Status", and an I-864 "Affidavit of Support".

2. My spouse would need to continue employment at the University of Puerto Rico until the green card is issued, but he could visit me in Boston while that process was under way. (Could the green card be denied because we are separated due to employment?)

3. Once the green card is issued, my spouse could move to be with me and seek work locally without requiring employer sponsorship.

4. My spouse would be granted a Conditional Permanent Resident visa because our marriage occurred less than two years prior. Within 90 days of the 2-year anniversary of the conditional green card, we would have to apply to have the conditions removed.

5. After three years on the green card he could apply for naturalization.

[Harpa Timsah 13,258]

Mostly correct. There are more forms than you list there. Here is the list of forms. http://www.visajourney.com/content/i130guide2

Your fiance can quit right away if you want, though he cannot work until he gets his new EAD (which comes before the GC as a temporary measure). He can work for any employer once he gets his EAD based on pending I-485. You don;t need to wait for the GC if you don't want.

You can adjust while maintaining separate addresses. It is a negative factor, but can be overcome with other evidence and a good reason for separation. Good luck!

[kzielu 1,149]

Add I-693 and medical exam to the list....