2 simple I-130 questions, please answer thank you.

[dreamcircus 0]

1) If the person being petitioned is already in the U.S. on a visa waiver(and yes we know that VWP cannot be extended, status can't be changed, etc), can I-130 petition still be filed normally? I think the one being petitioned doesn't have to be out of the U.S. for I-130 to be filed, right?

2) Once I-130 has been filed, can the person being petitioned leave the United States and return as a visitor(with no intention to overstay the visitor's 3 months visa waiver) before the interview/Immigrant visa has been granted?

Thank you

[blue123 0]

1) If the person being petitioned is already in the U.S. on a visa waiver(and yes we know that VWP cannot be extended, status can't be changed, etc), can I-130 petition still be filed normally? I think the one being petitioned doesn't have to be out of the U.S. for I-130 to be filed, right?

2) Once I-130 has been filed, can the person being petitioned leave the United States and return as a visitor(with no intention to overstay the visitor's 3 months visa waiver) before the interview/Immigrant visa has been granted?

Thank you

From reading other peoples experiences it can be a problem coming back during the process, depends on border control officials, if they believe it is just a visit, many have done this and many have been denied entry.

We filed our I-130 while I was in the US, I had thought about coming back for a visit but things progressed quite quickly so I decided just to wait.

Good Luck!