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How to change employement based AOS to family based

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  • How to change employement based AOS to family based

    Hi,
    My wife's employment based AOS is pending (EB3 category and a visa# is not expected for some time). I have become a US citizen recently and already have a I-130 approved for her (while I was a LPR). How do I get to do a transfer of the AOS from employment based to family based? Or do I have to apply for AOS - family based and withdraw the employment based AOS?

    Please advise.

    Thanks.

  • #2
    You can not transfer it. Just file I-130 and I-485, paying the fees and start the Family Based process.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Do we need to cancel the previous AOS application or when my wife applies for a new one (based on family petition) the previous one gets automatically canceled? Please advise.

      Thanks.

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      • #4
        You can withdraw it, or at the AOS family based interview you will be asked to.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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