Draft I-130 online before marriage?

[S2N 2]

Hi all,

 

My fiance and I are planning on getting married in the U.S. on his ESTA over the holidays. We plan on going back to Chile together afterwards for about a month and filing the I-130 there before I’d return to the U.S. while he waits the processing out.

 

If I start working on the draft online now so it’s ready to submit the second we land in Santiago, would that be something that flags for CBP when he’s entering? Don’t want to put his ESTA at risk or delay the marriage.

[pushbrk 13,029]

Could be a problem. Why not do your draft using the PDF version?  Doesn't really take long to retype using the online form.

[Troy B 224]

Starting with the PDF is exactly what I did,  along with reading the instructions that were with the PDF for i-130 form.

[S2N 2]

Related question on this: we got married and he’s in the U.S. with me for the holidays before heading back to Chile.
 

Do we need to wait for him to leave the U.S. to file the I-130 for consular processing or can it be filed while he’s still here or does he need to exit the U.S. first? Can’t seem to find guidance.

[TiffAndMike 71]

Since the petition specifically asks if the beneficiary is currently in the USA, I'd wait til after he returns home to file it.  

[pushbrk 13,029]

On 12/26/2024 at 5:13 AM, S2N said:

Related question on this: we got married and he’s in the U.S. with me for the holidays before heading back to Chile.
 

Do we need to wait for him to leave the U.S. to file the I-130 for consular processing or can it be filed while he’s still here or does he need to exit the U.S. first? Can’t seem to find guidance.

The petition does ask if he's in the USA.  If you file before he leaves, say yes and complete his entry related question.  Also, make sure you do NOT indicate a location where he will adjust status.   Only indicate he will apply for a visa in Santiago.  If it's a short wait until he leaves, go the other way and say he's not here, then wait until he leaves to file.

[S2N 2]

4 minutes ago, pushbrk said:

The petition does ask if he's in the USA.  If you file before he leaves, say yes and complete his entry related question.  Also, make sure you do NOT indicate a location where he will adjust status.   Only indicate he will apply for a visa in Santiago.  If it's a short wait until he leaves, go the other way and say he's not here, then wait until he leaves to file.

We fly to Santiago within 24 hours. We’ll wait until he leaves and upload the boarding pass/passport stamps as proof of being outside the U.S. together when we land.

Thanks @pushbrk, your advice has been helpful as a lurker and now when I’m asking directly.

Edited December 30, 2024 by S2N