Can you skip the green card process if you've been married long enough?

[OzD]

My dad married a US citizen 13 years ago.


He originally came here on an H1B visa in 2000. Prior to getting married, he filed I-485 change of status based on employment (in 2007). However, he never followed through, and is still at this stage.


My question is: Can he skip the green card process and become a citizen directly? Since they have been married so long, and he’s been in the US for 20+years.


If not, do we need to file a new I-485? Or can he update the old one? I know he has to file I-130, I-130a, and I-864. Is there anything else?


Thank you guys!

[newacct]

No, he cannot become a citizen directly. He needs to get a green card first. I don't know what you mean "he never followed through". Is his I-485 still pending, or was it abandoned?

He can pursue immigration through his spouse if he wants (I-130, I-485, etc.).

[OzD]

Yes, it's still pending is what I meant. Can he update that I-485? As in let USCIS know to change it from 'employment based' to 'marriage based', or will he need to file a new I-485?

Thank you for your response BTW!

[newacct]

Why's it still pending? And what does it have to do with "following through"?

[OzD]

No idea why it's still pending. He keeps renewing his EAD, and USCIS hasn't really updated him on his case. I guess what I meant to say was 'followed up'-- He never asked USCIS what was happening. So I'm trying to push him to get this done now.