yes, both of you should transfer to a legacy server that is available for being transferred to, simple as that. If all legacy servers become so bloatedly full, then se will most likely open a new one.
and yeah, funny story how many legacy players are so willing to transfer to non legacy ones, but when telling them that their friends can simply transfer to their server they either
- come up with the "my legacy server is full excuse" (simply solved ,see above)
or
- i can not expect them to give up their prrreciousss fc and friends they made in this month (but you obviously can live with disregarding the friends/fc you had for many months or years on your legacy, lol)