Submit I-130 while beneficiary is in USA

[RnJ2021 59]

My buddy, after years of prodding, is finally about to hit send on the I-130 for his globetrotting wife. 

A couple of loose ends

I assume it is OK that her address is his address because,  well, that is where her stuff is.

And I assume it is OK for him to submit while she is still in the USA.

TIA

 

[pushbrk 12,883]

1 hour ago, RnJ2021 said:

My buddy, after years of prodding, is finally about to hit send on the I-130 for his globetrotting wife. 

A couple of loose ends

I assume it is OK that her address is his address because,  well, that is where her stuff is.

And I assume it is OK for him to submit while she is still in the USA.

TIA

 

Not enough information.  I he states that her address is his address in the USA, USCIS may not send the case to the National Visa Center.  Is she seeking an immigrant visa, or adjusting status from within the USA?

[RnJ2021 59]

 

7 minutes ago, pushbrk said:

Not enough information.  I he states that her address is his address in the USA, USCIS may not send the case to the National Visa Center.  Is she seeking an immigrant visa, or adjusting status from within the USA?

They are seeking an immigration visa.  She is leaving to stay with family in Ireland before her current I94 expires. Her base of operations has been with her husband ever since they married. In addition to competing internationally in her sport, she was finishing her PhD in Kyiv.

Edited March 13, 2023 by RnJ2021

[pushbrk 12,883]

1 minute ago, RnJ2021 said:

 

They are seeking an immigration visa.  She is leaving to stay with family in Ireland before her current I94 expires. 

Then she should use the address she'll be living during the process.  It's ok to submit when she's in the USA, but if she's leaving soon, I would submit the day after she leaves.  There's a question on the I-130 that asks if she's in the USA.  This can confuse USCIS if it is completed with the answer yes.