IR-1 application submission - does the US citizen have to be IN the US at the time of submission

[Lemon Drops 0]

For submitting the IR-1 application - does the US citizen have to be IN the US at the time of submission?  This is not entirely clear to me on the application website.

Any links relating to this would be help!  Or translation of legal jargon...

[milimelo 4,245]

No. People overseas submit I-130s inline with no issues.

[Lemon Drops 0]

Yes, I understand that online makes it easy to submit from anywhere and I wonder if, because the US citizen's exits and entries from the US are tracked, if their exit prior to submission compromises the application in any way?
Still could be a "No, it doesn't compromise" and wanted to be clear.  Or get some supporting info either way.

[milimelo 4,245]

As long as you're in the US when the beneficiary arrives to the US or you enter the US with the beneficiary, they don't care where you are when you submit the petition. 

They'll want to know you have a legit qualifying marriage, can take care of the beneficiary (I-864). 

[pushbrk 12,232]

First, US Citizens never apply for visas.  You are filing a petition.  When your petition is approved sometime next year, your spouse will be invited to apply for a visa.  Where either of you are at any time in the process is just fine.  So NO, you do not need to be in the USA when filing the petition.  You do have to be in the USA before or at the same time, your spouse eventually enters.

[appleblossom 1,437]

2 hours ago, Lemon Drops said:

Yes, I understand that online makes it easy to submit from anywhere and I wonder if, because the US citizen's exits and entries from the US are tracked, if their exit prior to submission compromises the application in any way?
Still could be a "No, it doesn't compromise" and wanted to be clear.  Or get some supporting info either way.

 

Thousands of USC's live in another country with their spouse and petition them from that country before moving to the US together once the spouse's visa is received every year. Probably tens of thousands!  

 

There are lots of forum members on VJ who are USC's living abroad with their spouses and going though the process now if you want to double check. There is no requirement to be in the US at the time of submission at all. 

[Lemon Drops 0]

thanks yall !

[Volli 27]

From a couple who did it exactly that way, we did everything from overseas and had no problems at all.