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Sorry TeddyB,I guess I am not understanding your question.If a married couple withdraw a petition,and later on decide to refile it,why would the petitioner's or beneficiaries names be any different than the first time?

As has been said many times before in this forum,intent alone is not sufficient basis to deny an AOS.There has to be other mitigating reasons in addition,such as lying about material facts,concealing a criminal history,sham marriage, etc.Just because a person withdrew a previous AOS attempt in itself is also not a sufficient basis for denial,even if both petitioners are the same,as TeddyB claims

No disrespect intended,but it looks like you are the one doing most of the "pouncing" around here!

There shouldn't be a problem unless the spouse made false statements when he/she entered the US. Or unless prior intent can be proved, such as previously entering on the VWP, filing for AOS, abandoning AOS, a few months later filing I-130, a few month later arriving on VWP and attempting AOS again. Then it is pretty clear there was intent to misuse the VWP for immigrant intent.

belinda63, can you cite a reference for this statement? Actually, a voluntary abandonment of an AOS would have no effect on a future AOS attempt,as long as the person making the new AOS is in the country legally.However it is unlikely that person would be allowed into the country a second time on a VWP if there was a record of a previous withdrawn I-130 or a current I-130 that is pending.In that case they would more than likely be denied entry.

Yes healthteacher,as long as your wife is here legally and you are a US citizen, you can file the I485 form after the 130 is sent.Just include a copy of your i130 acceptance letter with the i485 and they will be treated as if they were sent concurrently from then on.

I too was a little embarrased by some of the snarky answers you received but don't despair,there are lots of good people here willing to help.

Good luck!

I have talked to several immigration lawyers about this,They all said yes, you can do this,but wait 60 days after entering to file the papers, because that is almost always enough to eliminate the fraud question.

My wife and I married last year in Germany.She arrived last month for a visit (VWP), but now doesnt want to go back as planned.Now that she is here, is there any way she can adjust status in US?

Your wife is better off to return to her home country and you file I-130, I 485 concurrently and just use the medical exam from before. If for some reason that medical exam is no longer valid USCIS will send you a notice requesting a new medical.

Thanks for the reply.Could you explain why she would be better off?

Also, as I mentioned, the I-693 is valid for one year.

My girlfriend arrived from UK on a visa waiver in January. We decided to get married after she arrived and began to do some of the paperwork,including the immigration physical and form I-693.However we decided to call off the marriage soon after this, and she returned home to UK.6 months later,she came back to the US to visit relatives,again using VWP.I contacted her while she was in the US and proposed again. She accepted,and we got married a month later.

My question is, the I-693 doctor's document we got back in January is supposed to be good for one year.If we use this same form I-693 document we got in january,could that be construed by immigration, because of the date, as a prior intent to immigrate for marriage? Would they even care about the date of the document? Should we play it safe and pay to go through the whole expensive physical again and get a new I-693 dated after the marriage? Is this overly cautious?