Withdrew I 485 application once can we file again while on VWP?

[healthteacher]

Back in April my wife and I sent in a I-130,I-485 package while she was here on a VWP.(We got married while she was here on a VWP it was my idea,and she didn't enter with the intent to do so.)She had to return home suddenly for a family emergency a month later,so we canceled the whole package when she left, (including the I-130,mistakenly thinking that was the right thing do.A very foolish move we found out afterwards!) We re-filed the I-130 in June,intending to re-start the process, do things correctly,and interview in her home country for the CR-1 visa.

My wife arrived in the US for another visit 2 weeks ago,intending to return home again after 2 months to wait for the CR-1 interview in her home country.

Well things have since changed. I had an unexpected financial setback and now both of us traveling back and forth to her home country like we planned will be an extreme hardship.Also,we have decided that we no longer want to be separated unnecessarily if there is an alternative.

So the question is, since my wife entered the US legally,without prior intent to stay,should we try filing the AOS package again?

 

[Drknluvlie]

Back in April my wife and I sent in a I-130,I-485 package while she was here on a VWP.(We got married while she was here on a VWP it was my idea,and she didn't enter with the intent to do so.)She had to return home suddenly for a family emergency a month later,so we canceled the whole package when she left, (including the I-130,mistakenly thinking that was the right thing do.A very foolish move we found out afterwards!) We re-filed the I-130 in June,intending to re-start the process, do things correctly,and interview in her home country for the CR-1 visa.

My wife arrived in the US for another visit 2 weeks ago,intending to return home again after 2 months to wait for the CR-1 interview in her home country.

Well things have since changed. I had an unexpected financial setback and now both of us traveling back and forth to her home country like we planned will be an extreme hardship.Also,we have decided that we no longer want to be separated unnecessarily if there is an alternative.

So the question is, since my wife entered the US legally,without prior intent to stay,should we try filing the AOS package again?

I think you should do just that as long as she can remain in status until the process is over. IDK for sure but it should take between 6-9 months. If her status as a visitor is still current until then, you shouldn't have a problem. Just remember that if you file concurrently, she can't leave the US until the process is complete!