Use existing Employment based 485 to get family based green card

[ans16]

Hi all,
My spouse has a pending employment based 485. I recently got my US Citizenship. Do I need to re-file I130 and I485 in the Family Based category for my spouse? I'm trying to see if there is any way to leverage the existing pending 485.
Thanks!!

[VNK]

Hi all,
My spouse has a pending employment based 485. I recently got my US Citizenship. Do I need to re-file I130 and I485 in the Family Based category for my spouse? I'm trying to see if there is any way to leverage the existing pending 485.
Thanks!!

If your wife is getting a green card through employment, then continue with that. If you don't want to continue with that, then your wife can withdraw it and you can file for her.

[iuy87]

Hi all,
My spouse has a pending employment based 485. I recently got my US Citizenship. Do I need to re-file I130 and I485 in the Family Based category for my spouse? I'm trying to see if there is any way to leverage the existing pending 485.
Thanks!!

family based category process is faster, i would pull the employment based and apply for family based. fyi he would loose the application fees

[karlito03]

Upgrade

Contact USCIS asked them the procedure to upgrade current pending application.
You process will be much faster if you request an upgrade of your old application.

[VNK]

Contact USCIS asked them the procedure to upgrade current pending application.
You process will be much faster if you request an upgrade of your old application.

There is no such thing as upgrading an employment based I-485 to a family based I-485. His wife would need to file a new I-485 for a new case.