This is a complex issue. It would depend upon whether your wife previously filed for you and what, if anything happened with the petition. Our firm has previously been able to salvage adjustment of status cases where the spouse has abandoned the alien, but the case must still be pending. However, if the case has already been denied several years ago, there is not much we could do. Your wife must file an immigrant visa petition for you so if she is no longer around, you cannot seek adjustment of status on this ground. It would be best to meet with an attorney to discuss the matter in more detail to see if you have any other options available.
Submitted by Alexander J Segal on January 4, 2012 - 10:39am
This is a complex issue. It would depend upon whether your wife previously filed for you and what, if anything happened with the petition. Our firm has previously been able to salvage adjustment of status cases where the spouse has abandoned the alien, but the case must still be pending. However, if the case has already been denied several years ago, there is not much we could do. Your wife must file an immigrant visa petition for you so if she is no longer around, you cannot seek adjustment of status on this ground. It would be best to meet with an attorney to discuss the matter in more detail to see if you have any other options available.
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