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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 06-07-2010, 05:06 PM
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Question Convert employment-based petition to marriage-based petition?

I initiated my employer-based petition back in 2006, and have since gone through biometrics and the medical check up. I believe I am now just stuck at the last stage of the petition, i.e. waiting for the backlog to clear.

I recently got married to a US citizen -- I understand that I am free to file a separate marriage-based petition, but at the same time I have heard that it might be possible to 'transfer' my current employment-based petition into a marriage-based petition (so that I do not have to go through certain steps again, such as the medical check-up, etc.). Is this true, and if so, what are the steps involved?

Thanks in advance!
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  #2 (permalink)  
Old 06-07-2010, 05:24 PM
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Jan-06
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Default Not true

FAMILY IS completely different from EB.
You can jump between categories EB3 to EB2 but you can't jump from one system to another.
Why?

The way FB is processed is very different from EB.
In FB you need I-130 which should be filed by spouse, she is the sponseror.
In FB there is different BIO METRICS INFORMATION NEEDED.
IF you are filing all these things it is as good as fiing a new application.



Quote:
Originally Posted by abishagenaden View Post
I initiated my employer-based petition back in 2006, and have since gone through biometrics and the medical check up. I believe I am now just stuck at the last stage of the petition, i.e. waiting for the backlog to clear.

I recently got married to a US citizen -- I understand that I am free to file a separate marriage-based petition, but at the same time I have heard that it might be possible to 'transfer' my current employment-based petition into a marriage-based petition (so that I do not have to go through certain steps again, such as the medical check-up, etc.). Is this true, and if so, what are the steps involved?

Thanks in advance!
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  #3 (permalink)  
Old 06-07-2010, 05:30 PM
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Default

You may have your spouse file I-130 and after it's approved you may send a copy to the Service Center where your I-485 is pending and ask that they interfile the I-130 into your pending I-485. It's a hit or miss as I've read of cases where this procedure worked and others where USCIS insisted that another I-485 be submitted. Who knows, it may be your lucky day. All the best.
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  #4 (permalink)  
Old 06-08-2010, 02:24 PM
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Quote:
Originally Posted by fromnaija View Post
You may have your spouse file I-130 and after it's approved you may send a copy to the Service Center where your I-485 is pending and ask that they interfile the I-130 into your pending I-485. It's a hit or miss as I've read of cases where this procedure worked and others where USCIS insisted that another I-485 be submitted. Who knows, it may be your lucky day. All the best.
Thanks fromnaija -- does anyone know why interfiling would work in some cases, but not in other cases?
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  #5 (permalink)  
Old 06-09-2010, 12:30 PM
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Default

Also, I found some instances where folks have had some success in their interfiling process, like here as an example.

Can anyone (who has possibly been through the process) shed some light on whether it is a feasible option, and what the pros and cons are?
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