Do I file the 485 again?

S

ssim78

New Member
I have a pending 1-485, approved 1-140 and an EAD through employment.

I also have a pending 1-130 that was filed by my husband when he was a permanent resident.
Now my husband has become a US citizen.

I understand I can call USCIS and tell them to upgrade my 1-130 to that of a US citizen spouse's.

But will I have to refile for the 485 and EAD as a family case, or can they adjust my employment based application and change it to a family based?

Please advise.
 
You would file another I-485 for the family case, then once you get the receipt tell them to withdraw the employment one. Unless you can avoid the new I-485 via "interfiling" ... but I'm not sure if that is allowed for employment->family based.

What is your country, employment category, and priority date? If your PD is current for your EB case, or reasonably close to current, you might want to consider just waiting it out for the EB case to be approved. With EB cases you usually won't have to do an interview, but with marriage cases the interview is mandatory and it can be very tough especially if they give you the Stokes interview.
 
My PD for the employment based GC is 2003, this is EB3, I'm from India.
We're married with 2 kids, file tax returns jointly, have a joint lease on our apartment etc- can they still be tough in the interviews, even when the marriage is so obviosuly not a sham?
 
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OK, in your case the interview shouldn't be tough. With two kids, you probably have been married for 2 years or more already, so you would go straight to the unconditional green card, and having kids is very strong evidence of the marriage being genuine. Also, with you having an EB3-India PD in 2003 you probably have at least 1 or 2 years to wait.

But you still have to prepare well for the interview, because if you say the wrong thing (especially if you seem to contradict each other) they'll get suspicious and you might end up being scheduled for the torturous Stokes interview.
 
do not withdraw your EB case. At the interview of whichever application gets processed first, you will be offered to withdraw the other petition. You just never know when you may need the other petition.
 
You can't keep two active I-485's at the same time. Well, you sort of can do it for a while, but when they notice both they will either ask you to cancel one, or choose one to cancel themselves. Sometimes they notice both at the interview, but other times they notice it before and send an RFE.
 
you can have two AOS processes as long as they are different: DV and family, family and EB, DV and EB, etc.
 
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