I-485 EMPLOYMENT BASED, SPOUSE ABOUT TO GET US CITIZENSHIP SOON

[belandriabella]

Hi all,

My husband is on a pending I-485 application since 2007 through employment. At the time we got married I was a Permanent Resident. Now I am going to adquire my US Citizenship through naturalization. Since his application is not moving at all, we are thinking better to resquest him as my husband with I-130. The big question is, what happens with his current I-485? It will be denied automatically? Do we need to apply for a new one and when? What about affidavid of support? I don't work but he is the main income provider, of course this is why he is under the category of Employement based. I am getting confused specially with other posts where talk about interfiling? but others say is better to reapply and start all process over again.

Any suggestions will be really appreciated.

[pontevecchio]

You will need to file an I-130 and also make a request for interfiling the basis of his AOS from EB to FB. He can show his income. Once naturalized you can do it or have a Law Firm deal with the paper work. It will not cost you very much. The idea is to make sure there is only one AOS on file for him or you risk delay.

[belandriabella]

Originally posted by pontevecchio:

You will need to file an I-130 and also make a request for interfiling the basis of his AOS from EB to FB. He can show his income. Once naturalized you can do it or have a Law Firm deal with the paper work. It will not cost you very much. The idea is to make sure there is only one AOS on file for him or you risk delay.

Thanks for the advice! I will consider it