Do I need to process a new petition for my wife? 10 Answers as of October 12, 2011

Yes, you should file a petition for your wife. An uncle does not have ability to file petition.

Yes. You have to file a new petition for your wife unless the petition is current.

I do not know how your wife's uncle could petition for her. Only certain relatives can petition for individuals to receive immigration benefits. As such, I cannot state if your marriage as resulted in the automatic revocation of the petition. However, if you are a U.S. citizen, than you should petition for your wife as the process will likely be faster. You should speak with an experienced immigration attorney who can review the prior petition and give you a more definitive assessment of the situation.

Yes, when I petitioner dies so does the petition- with a few exceptions (widows for example).

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.

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.

If she does not yet have her green card, then it is likely she will be better off if you file for her.

Yes, you will need to file a visa petition for your wife (Form I-130) if you are a US citizen or LPR.

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.

There is no category for nieces or nephews of a citizen, so I do not know how your wife's uncle would have petitioned for her. It is possible he petitioned for her mom and dad (her parents) and she was a derivative. You will need to file a separate petition for her.