ASK SISKIND AND SUSSER

Q: I have an approved labor certification and my adjustment of status application is pending with the local INS office. However, I am thinking of leaving my current employer. Will I lose my green card if I quit now? When can I safely leave?

A: You will lose out on your chance for permanent residency if you leave now since your application is based on the petition of your current employer. I generally advise people not to change employers until at least three months have passed after you receive the green card. This is because the INS could assume you fraudulently obtained your green card if you switch employers too quickly. By the way, legislation being debated in Congress could require people to stay with employers for two years before being allowed to switch.

Q: The Nebraska INS Service Center processing times for I-130 applications is currently 150 to 270 days. I am a US citizen planning on getting married to someone overseas. I-129F processing times for fiances of US citizens are only 90 to 150 days. Should I hold off on getting married and bring my fiance here on a K-1 fiance visa?

A: Generally, this is the faster route where the US citizen is residing in the US and the spouse is overseas. I-130 processing is only part of the story for people that are already married. You will also have to wait for the consulate to schedule an interview for an immigrant visa. K-1 fiance processing generally goes much faster both on the US side and the overseas side.