I 485 transfer from Employment based to family basedIs it possible to transfer employment based I 485 currently pending awaiting visa number to family based one. My wife became a US citizen and ready to file I-130 petition. Can I request my I 485 to be transfered to family based one so that I do not need to pay the fee again.
I used to think that this was not possible until I read about how it should be done on Ron Gotcher site. Here is what you need to do.
Have your sponsor file the I-130 and after its approval mail a copy of the approval notice and the I-485 receipt to the service center where your employment-based I-485 is in process. Add a cover letter giving your A# and asking that the I-130 be interfiled with your I-485.
I have read of cases where this procedure worked. Read more at:
http://www.immigration-information.c...rocessing.html
Asking them is hit or a miss ... I was in the same situation. USCIS asked me to resubmit a new I-485 application.
This is what I did. I had the I-130 filed and approved. I then later filed the i-485 for my spouse after i got my USC. Spouse received RFE for employment based GC. I replied to the RFE and enclosed approved I-130 and copy of I-1485 petition for family based GC.
Result was Employment based case got transferred to same center where family based case is pending. Not sure what will happen to it but we have an interview for family GC for my spouse next month.