Change of application - please help

[Kenneth007]

I initially applied for employment-based greencard, and VSC currently has my I-485 application. My priority date is current and anticipate processing time is another year or so. From what I hear, VSC has some I-485 applications pending from 8/1999, with no end in sight.

I am worried my company may lay me off so here are my questions:

1) I recently got married to US citizen. Can I apply for greencard through marriage?
2) If I do, what effect will this have on my pending I-485 application?
3) May I apply for greencard through spouse while keeping other application also open?

Please help me because I am concerned with lay off and I need to take action soon!

Thank you

[Tsue123]

change of application

Hi
I think you can just file for change of status with all the supporting documentation from your spouse. Just go to the INS site read the info for your case. Meanwhile, try to do something to keep your status. You don't have to wait for your Greencard through employment.
It doesn't take one year for you to change your status(greencard) if you are already in the country on a different visa. Act quick though.

[Kenneth007]

Change of application

Thanks for your response - I really appreciate your input.

Just to clarify, are you saying that I can apply for family-based
immigration without jeapordizing my employment-based application?

Thank you so much for your help!

[Tsue123]

change of application

Please take a look at the following. Especially the last sentence. This was taken from INS website( ins.usdoj.gov) and please pay attention to the last sentence. If you have too many questions or concerns, I would say a lawyer is the best choice for any help.






INS InfoLink
How Do I Bring My Spouse to Live in the United States?

Background
Your spouse must go through a three-step process to become authorized to live and work in the United States. First, the Immigration and Naturalization Service must approve an immigrant petition (application), Form I-130 Petition for Alien Relative, that you file for your spouse. Second, the State Department must give your spouse an immigrant visa number, even if your spouse is already in the United States. Third, if your spouse is already in the United States, your spouse may apply to adjust to permanent resident status. If your spouse is outside the United States, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.


If you are a U.S. citizen, your spouse is considered an "immediate relative" and will need to apply for an immigrant visa. In order to receive an immigrant visa your relationship with your spouse must be established and your spouse must be admissible to the United States under the immigration law. You must file a Form I-130 Petition for Alien Relative on your spouse's behalf. Your spouse may file a Form I-485 Application for Adjustment of Status to Permanent Resident at the same time.