File I-130 NOW while foreigner is still visiting?

[eav123 0]

What is the rule with filing the I-130 (filing for the Cr-1 visa or whatever it's called!~)....are you supposed to WAIT until he has left the country so the date on the form coincides with the fact that you're no longer together? or am I filing it NOW to get the process rolling? On the form it says "Foreign relative has "lived" with you from ___ to ___" My question is this: What should that date say?? He's on a TOURIST visa, and has been staying with me at my apartment...does that constitute "living" with me? Should I write the date he entered the USA up until the day I send in the form? Or should I write the actual date that his return flight is scheduled to be? Becuase if I send in the form now, and have Dec. 14 written, they'll know he's still here and I don't want to mess anything up.

Thanks for any advice!

I'm sure more questions will come! Thanks for all the advice

[eav123 0]

I have another concern about this form. It's asking for an I-94 number...an 8-digit number ###--###### on the I-130 form. He does not have this form. It's asking for the dates of arrival and when the visitor visa expires. We have those dates as it's stamped on his passport...but as for this I-94 form, he said he filled it out at customs when he got here, and he handed it to them, and they kept it...so then what are we supposed to do with that spot on the form? Leave it blank? We do not have ths form! This is so stressful.

[The Mean Lady 604]

I have another concern about this form. It's asking for an I-94 number...an 8-digit number ###--###### on the I-130 form. He does not have this form. It's asking for the dates of arrival and when the visitor visa expires. We have those dates as it's stamped on his passport...but as for this I-94 form, he said he filled it out at customs when he got here, and he handed it to them, and they kept it...so then what are we supposed to do with that spot on the form? Leave it blank? We do not have ths form! This is so stressful.

If you were not given an I-94, then you don't have one.

My husband has had 6 of them. They are pieces of paper stapled into his passport that are turned in when exiting the US.

They help the US to know if you overstayed the dates you gave them upon entering.

[pushbrk 12,910]

What is the rule with filing the I-130 (filing for the Cr-1 visa or whatever it's called!~)....are you supposed to WAIT until he has left the country so the date on the form coincides with the fact that you're no longer together? or am I filing it NOW to get the process rolling? On the form it says "Foreign relative has "lived" with you from ___ to ___" My question is this: What should that date say?? He's on a TOURIST visa, and has been staying with me at my apartment...does that constitute "living" with me? Should I write the date he entered the USA up until the day I send in the form? Or should I write the actual date that his return flight is scheduled to be? Becuase if I send in the form now, and have Dec. 14 written, they'll know he's still here and I don't want to mess anything up.

Thanks for any advice!

I'm sure more questions will come! Thanks for all the advice

There is no such rule. You would only enter an I-94 number or that it is N/A, IF you file while the foreigner is in the USA. If it's a relatively short visit, I would file, and date the I-130 signature, AFTER the foreigner is gone. It just avoids some clerical error by somebody thinking its not a visa case, since the foreigner is IN the USA. If they answer the question NO (not in the USA now, if true) then there is no such confusion. If the delay would be more than a month or so, go ahead and file as soon as you are ready and make sure the cover letter and G325a forms mention they are for a CR1 visa.