Can petitioner leave US after filing I-130?

[momshie 1]

We arrived couple of months ago and now preparing I-130 form to petition my daughter. Once the petitioner submit I-130 online does he need to stay in US for specific period or can he leave US? Due to some unfinished business we need to go back to PH and plan to stay around 5months and then back to US, we worry if there is impact on filing or we have to stay until we got confirmation.  On I-130 declaration it also mentioned taking biometrics, how long will this be and will this have impact if we are outside US.  Thanks for help.

 

 

 

[nastra30 2,298]

Based on timelines you've provided, yes, petitioner can leave. Biometrics for I-130 is extremely extremely rare so don't worry about that. File online so you can get receipt pretty right away. Good luck.

[momshie 1]

Thanks. I have follow-up question, not sure if make sense but can both me and my spouse file a petition for my daughter at the same time? I anticipate that i may remain permanent residence for long time while spouse could be US citizen. Or possibility in case anything happened that 1 of us decided to denounce being in the US, we still have one continue on file.  Will this raised red flag to USCIS? will they process it or asked ur for reason?

[nastra30 2,298]

4 hours ago, momshie said:

I have follow-up question, not sure if make sense but can both me and my spouse file a petition for my daughter at the same time? 

Yes, it's allowed by law if you so choose. How old is daughter?

[momshie 1]

she is 24yrs old, single. 

[Dashinka 24,653]

7 hours ago, momshie said:

Thanks. I have follow-up question, not sure if make sense but can both me and my spouse file a petition for my daughter at the same time? I anticipate that i may remain permanent residence for long time while spouse could be US citizen. Or possibility in case anything happened that 1 of us decided to denounce being in the US, we still have one continue on file.  Will this raised red flag to USCIS? will they process it or asked ur for reason?

As @nastra30 said, this is allowed.  The petitions will process at their own pace, and if one of you becomes a USC, the petition would be reclassified to F1 assuming she is still single, and the other would stay at F2B.

 

Good Luck!