QUESTION
Do I need to process a new petition for my wife?
Asked on Oct 09th, 2011 on Immigration - Colorado
More details to this question:
My wife's uncle made a petition for her before we got married. Do I need to make a new petition?
8 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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It depends on when her uncle filed.
Answered on Jul 08th, 2013 at 9:12 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Yes. You have to file a new petition for your wife unless the petition is current.
Answered on Oct 12th, 2011 at 3:08 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Yes, when I petitioner dies so does the petition- with a few exceptions (widows for example).
Answered on Oct 12th, 2011 at 12:50 PM
You do not need to cancel any pending petition but want to make sure that your wife can actually obtain status through her uncle. She cannot obtain status to family relations. Your marriage might offer a faster avenue to permanent residence if you are a US citizen. You should consult with an experienced immigration attorney to fully assess your wife's options.
Answered on Oct 12th, 2011 at 1:42 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Your wife's uncle cannot file petition for your wife as this relationship does not confer immigration benefits. If you are US citizen or LPR, you can file petition for your wife.
Answered on Oct 12th, 2011 at 1:36 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If she does not yet have her green card, then it is likely she will be better off if you file for her.
Answered on Oct 11th, 2011 at 11:37 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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An uncle cannot petition for someone, so there is some miscommunication there. Generally the spouse is the fastest and easiest way to petition. You should speak to and retain an immigration attorney, to discuss the facts of your case.
Answered on Oct 11th, 2011 at 10:59 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Yes, you will need to file a visa petition for your wife (Form I-130) if you are a US citizen or LPR.
Answered on Oct 11th, 2011 at 10:59 PM