I have a EB3 based derivative I-485 pending (March 2006 priority) for visa availability and the principal (spouse) will become citizen soon, so I am wondering if I can transfer the I-485 to the family based I-130 (immediate relative) category? or it is better to send a new I-485 application?
During an infopass visit the uscis officer suggested not transfer or apply new 485 since both can delay the process. And one of the uscis guidelines seems to suggest I may lose status once my spouse becomes citizen. Not sure if this is right or I interpreted it wrong.
Here is the section of the guide line in Adjudicator's Field Manual.
23.2 (l) (2)
(G) Dependent Adjustment Applications .
In order for a dependent applicant for adjustment (e.g., an alien whose original adjustment application was as the spouse of a sibling of a U.S. citizen) to convert his or her adjustment application, the principal adjustment applicant (in this case the sibling of the U.S. citizen) must maintain continuing eligibility up until the time of the conversion request and the relationship between the principal and dependent adjustment applicants must continue to exist. If there is a break either in the principal’s eligibility (e.g., due to the death of the U.S. citizen petitioner) or in the relationship between the principal and dependent (e.g., they get divorced), the dependent’s adjustment application cannot be converted.
Thank you in advance
During an infopass visit the uscis officer suggested not transfer or apply new 485 since both can delay the process. And one of the uscis guidelines seems to suggest I may lose status once my spouse becomes citizen. Not sure if this is right or I interpreted it wrong.
Here is the section of the guide line in Adjudicator's Field Manual.
23.2 (l) (2)
(G) Dependent Adjustment Applications .
In order for a dependent applicant for adjustment (e.g., an alien whose original adjustment application was as the spouse of a sibling of a U.S. citizen) to convert his or her adjustment application, the principal adjustment applicant (in this case the sibling of the U.S. citizen) must maintain continuing eligibility up until the time of the conversion request and the relationship between the principal and dependent adjustment applicants must continue to exist. If there is a break either in the principal’s eligibility (e.g., due to the death of the U.S. citizen petitioner) or in the relationship between the principal and dependent (e.g., they get divorced), the dependent’s adjustment application cannot be converted.
Thank you in advance