File I-130 while beneficiary is vacationing in USA

[rossjamie 0]

I am a LPR currently living in the USA, my wife came here to visit me 2 weeks ago on Esta Waiver. She plans to spend the full 90 days and then return to her country. We have been a couple for 5 years but only actually got married a week ago (here in the USA). We have received our marriage certificate today and now I want to start a petition for her ASAP. Can I send in the I-130 package in the next few days even while she is still here on vacation? I would rather do it now and not wait 3 months when she leaves.

I repeat, she wont overstay her time, she will return home after the 90 days and wait out the process for her immigrant visa in her home country.
I understand there is a question on the i-130 asking if your spouse was presently in the USA, how do I answer this section?

[Harpa Timsah 13,258]

You can send it now. You just answer yes to the question about whether she is in the US. Congrats on the marriage.

[rossjamie 0]

I was wondering though, if I answered yes to the question, that they would assume she's here as an illegal alien and that it would somehow affect our application?