Filing I-130 While in USA on a Tourist Visa

[rkair 0]

Hello all,

We were recently married in her country (Colombia). I have not filed the I-130 as of yet. She and her daughter (7yrs old) have a 10 year tourist visa to the USA. I was reviewing the I-130, and it asks for the current address and what USCIS office they would use if in the USA. My question is, if they are in the USA on a tourist visa, can I submit the I-130 with them in the states and are they legally allowed to remain until the package is processed? My understanding is that they can visit here on the tourist visa, but would have to return for the interview to get the visa in her home country. Any feedback, legal suggestions or anything would be appreciated. Thanks!

[imse 82 8]

File I130 along with I485 to adjust status will be processed faster and no need to leave the country.

[rkair 0]

Can I file the I-130 now and the I-485 at a later date when they are here, or do I need to file them together?

[pushbrk 12,977]

Best to file them together if adjusting status is the plan. With that process there is never a visa interview abroad. You'll interview together at a USCIS office near you. Caution though. There is never any assurance of entry to the USA and once you file the I-130 and I-485 for each of them, their tourist visas are no longer valid for entering the USA.

For clarity, a tourist visa's expiration date is the last date it can be used to enter the USA, not the length of time the holder is allowed to stay.

[rkair 0]

Thanks pushbrk, I always enjoy and appreciate your knowledge here.

I am not 100% sure I will adjust status with them here when they come to visit again. That being the case, is it permissable to file the I-130 now and then adjust status when they're here again in two months if I choose to go that route? They just left after a 9 day visit.

If I decide to file the I-130 and I-485 together, do I still pay both fees?

[pushbrk 12,977]

It's permissible, yes. Yes, you pay both fees but do not pay any fee to file the I-131 or I-765.