Tourist visa in U.S. applying for I-130 advice please

[Btobey]

Hello,

I am a U.S. citizen who is getting married to an Irish citizen in Ireland this summer. We want to move back to America a month after the wedding, but we were wondering if it is possible for the Irish citizen to travel to the U.S. on a tourist visa, and then apply for a I-130 and I-485, and not have to return to Ireland? Or is there another option?



Thank you for your time,
Brian

[MDTyKe]

I'm pretty sure that won't work. When you mean 'tourist visa' do you mean a B-2 visa, or ESTA? If she's on ESTA, I'm pretty sure
a) They'll deny her entry at the border for suspicious intent
b) That you can't change from ESTA to LPR (Although I've read this may be possible sometimes)

[ExperienceIA]

Hello,

I am a U.S. citizen who is getting married to an Irish citizen in Ireland this summer. We want to move back to America a month after the wedding, but we were wondering if it is possible for the Irish citizen to travel to the U.S. on a tourist visa, and then apply for a I-130 and I-485, and not have to return to Ireland? Or is there another option?



Thank you for your time,
Brian

It is possible, actually (whether or not your spouse comes here with a visitor visa or a visa waiver).
The smoothest way to do this would involve filing the I-130 in advance and then getting a K visa with the consulate in Ireland before you leave.
Consider using an attorney in the U.S. to make sure the I-130 gets processed quickly enough. Best of luck!