I-485 derivative adjustment pending and spouse US Citizen.

Jackolantern said:
Sitting on a shelf? The I-485 is DOA; now the only thing it is waiting on is somebody to officially pronounce it dead.

BigJoe, you can quote 1000 pages to show that USCIS is wrong. They don't care. They're probably still going to deny the I-485. Fighting them and winning is more expensive than filing a fresh I-485.
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Jackolantern,

They actually do care. They are not all heartless bastards. The former INS was already moving towards dividing Benefits and Enforcement on its own initiative until 9/11/2001, happened and all hell broke loose. It took some time to get back on track but USCIS is further along on that track than some want to give them credit for.

The I-485's that are in limbo due to visa unavailabilitry are centralized at Texas Service Center for EB and at NBC for family based. Due to limited human resources, things that can legitimately be left on the back burner are left there.

If you think that no progress is being made, you have not been paying attention.
 
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Good case

Moderator,
This is a great thread. Please make it STICKY on top.

A lot of us are in similar category as nilu, so it would help. As folks from 2007 EB approvals qualify for USC, we would see more cases like this.

I qualify to apply for US Citizenship next year and my spouse has EB-3 I-485 Pending and I would very much prefer to become a USC and file a fresh I-130 for her. However I don't necessarily want to shell out one grand for it.

BigJoe ,
What process would you recommend for Nilu where the spouse is having a pending I-485 and the primary has obtained US Citizenship - to convert an EB case into an FB case?

Outside of filing an I-130 (and wasting $1,000) how might one do this? I am not debating the legality but seeking the process. - Does one send them a letter? If so what form needs to be attached? Would USCIS acknowledge?

Please advise.
 
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