I130 and marrying on tourist visa

[Meskal 0]

I am sure there will be people here to advice on this -

A brother of a friend of mine (non -USC) is getting married while here on tourist visa and will return to his country of origin for the I -130 process. HOWEVER, they (the USC and the brother) are planning to file I-130 while he is still here, a month plus prior his return. My understanding is that he should return (be outside of US) before they file to prevent change of denial or deportation. Is this correct ?

I just do not want to see them making a big mistake, if they indeed should wait until he returns ,to file the I 130 application.

(Trust me, I am trying hard to stay out of other poeple's business - but thought I's hear your opinion on when to file before and if I need to open my mouth )

Thanks!

[pushbrk 12,184]

I am sure there will be people here to advice on this -

A brother of a friend of mine (non -USC) is getting married while here on tourist visa and will return to his country of origin for the I -130 process. HOWEVER, they (the USC and the brother) are planning to file I-130 while he is still here, a month plus prior his return. My understanding is that he should return (be outside of US) before they file to prevent change of denial or deportation. Is this correct ?

I just do not want to see them making a big mistake, if they indeed should wait until he returns ,to file the I 130 application.

(Trust me, I am trying hard to stay out of other poeple's business - but thought I's hear your opinion on when to file before and if I need to open my mouth )

Thanks!

They are free to file while he's here but should indicate he is visiting, not residing in the USA and also indicate he will apply for a visa in his country of residence or citizenship, as applicable. There are places on the I-130 to indicate both.

[canadian_wife 1,791]

The beneficiary may come to the US and marry while on a tourist visa, the petitioner may then file the I-130 and the beneficiary then leaves. NO problems with that

As long as the beneficiary leaves to continue the process overseas then there is no possible risk of denial or deportation. That happens all the time

Good luck

[Meskal 0]

Thanks guys! Good, then I can continue to keep my mouth shut...

[Aztec&Taino 144]

Thanks guys! Good, then I can continue to keep my mouth shut...

Good policy, in general, unless you are specifically approached for advice.

[payxibka 10,044]

not a K-1 fiancee visa topic... moving thread