F2A Based GC application when I140 approved and waiting for PD

[vc1981]

Hi

I have a GC pending under I140 under EB2 (Priority Date is in 2010), Am still waiting to file I485 through EB2. I recently saw that that Family based GC is current and i can apply as my spouse has GC

 

Questions I have and it would be great if someone can chime in on these

 

1. Does my filing 485 though F2A cancel my application/wait time in EB2? The date is current for all of Aug 2013 right?

 

2. My spouse got GC from an earlier marriage. We got married ~1.5 yrs after my  spouse got divorce from prev marriage. I read somewhere that if GC obtained through prev marriage, then one is not eligible to sponsor for 5 years or so unless one proves that prev marriage was not a sham. Can someone advice on what documents would help here and  if going in this direction is a good step? IS there precedence?

 

3. IF for whatever reason my F2A based application is rejected can i still continue filing I485 through EB2 when it becomes current.? Will there be a negative impact with the F2A rejection?

 

Honestly if there even a small risk for me or my spouse if we go in this F2A category, I dont mind waiting for the EB2 category already filed.

 

Thanks all.