CR-1 after marrying during VWP

[Princely 1]

After marrying while visiting with VWP, can my spouse file the CR-1 while I'm there during the remainder of the 90 days or do I have to physically leave the USA first? 

 

Edited September 1, 2020 by Princely

[Letspaintcookies 2,310]

Of course he can. Why should you have to leave first? Did you read that anywhere?

[Troy B 224]

note on fl-130 "Beneficiary's Entry Information"

"If the beneficiary is currently in the United States, complete

Items Numbers 46.a. - 46.d."

 

Also I have seen it mentioned here,  sometimes USCIS gets confused when thinks you are trying for an Adjustment of Status vs sending it to NVC for consular processing,  if you file it while the beneficiary is in the USA. 

[pushbrk 13,328]

23 minutes ago, Troy B said:

note on fl-130 "Beneficiary's Entry Information"

"If the beneficiary is currently in the United States, complete

Items Numbers 46.a. - 46.d."

 

Also I have seen it mentioned here,  sometimes USCIS gets confused when thinks you are trying for an Adjustment of Status vs sending it to NVC for consular processing,  if you file it while the beneficiary is in the USA. 

This is correct.  I always advise that if the beneficiary is leaving shortly, to wait to file until they are gone, but this is only to avoid possible confusion.  If you're talking several weeks, go ahead and file, but make certain you put not applicable in the place they'll adjust status and DO put the Consulate location where they will apply for a visa.