If they are still married, it should not be an issue to re-apply again. However several key facts are left out of your question thus you should contact a lawyer to help
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Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 firstname.lastname@example.org Enjoy our Blog at http://immigrate2usa.blogspot.com/
Without knowing the facts, it is impossible to answer the question.
You need to retain an experienced immigration lawyer to review all the facts, including everything that has been filed, and everything that INS/USCIS has sent you, in order to answer the question.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You should bring all of the documents and papers in to an immigration attorney for review. It is not clear from your question if the I-130 and I-485/adjustment application were filed ten years ago and a greencard was granted, or if there was some other result.
It sounds as though a greencard was never issued, however. There is likely a way to bring everything in order, but a full review of the situation is very important.
It is not clear exactly what has happened and why the spouse never received permanent residence. It may be simple to reapply, but the couple should not do so until speaking with an immigration lawyer who will inquiry about the complete immigration history and, if applicable, any criminal history.
Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguinâ€™s statement is general in nature, is not intended as legal advice, and should not be relied on as Ms DeSeguin does not have knowledge of all the relevant and necessary facts. The statement above does not create an attorney/client relationship.
What happened with your previous application? Do you still have the old receipt for the green card (I-485) application? In the top left corner there should be a receipt number startinf with either WAC,CSC,NBC,VSC,NSC or SRC and some numbers. go to www.uscis.gov and click on check my status and then enter this number. This should pull up your wife's old case with some limited info. You see her case may have been abandoned. Its important though to know what happened. For all you know, immigration could have denied her case for your failure to appear at the interview and then send her case to court, (issued a charging document called an NTA-Notice to Appear with fact and legal specific charges). Therefore, its important to consult with a competent immigration attorney and figure out what happened to that old case. Whats also important to know is what happened to that old case since this will determine and dictate your future move and re-application for her. Did she legally enter the US or was she what is called "EWI"-Entry without Inspection, i.e. did she come to the US with a visa, or was she waived through at a land border by the Custom and Border Procetion Officers when she first came to the US? These are all pertinent questions that a competent immigration attorney can quiz you on and help you attempt to get her status straightened out. Good luck.