Timing for I-130 after entering US

[froberts]

I am a US citizen and my wife is French citizen. We currently reside in France but have been spending a few months each of the last few years visiting grandparents in the US. My wife has a B1/B2 visa and we intend on coming back for another visit this November. Once we arrive in the US, I am contemplating filing an I-130 to obtain a green card for my wife. I understand that it would not be a good idea to enter the US on a B1/B2 visa and then immediately file an I-130. However, we will NOT be applying for an Adjustment of Status - we will be returning to France a few months after applying for the I-130 and proceed through the normal consular processing to obtain the green card, only coming back to the US once the green card is granted.

Am I correct in thinking that the fact that we will be going back to France and NOT trying to stay in the US with an Adjustment of Status will allow us to safely file the I-130 immediately after our arrival in the US in November? Or will doing that be looked at negatively, like it surely would if we were not intending to leave the US?

Thank you for your thoughts on this situation.

p.s. - I am aware that since I am currently a resident of France I would have to proof my intent to becoming a US resident once a green card would be issued. This will not be a problem.

[UScitizenFilingforspouse]

I am a US citizen and my wife is French citizen. We currently reside in France but have been spending a few months each of the last few years visiting grandparents in the US. My wife has a B1/B2 visa and we intend on coming back for another visit this November. Once we arrive in the US, I am contemplating filing an I-130 to obtain a green card for my wife. I understand that it would not be a good idea to enter the US on a B1/B2 visa and then immediately file an I-130. However, we will NOT be applying for an Adjustment of Status - we will be returning to France a few months after applying for the I-130 and proceed through the normal consular processing to obtain the green card, only coming back to the US once the green card is granted.

Am I correct in thinking that the fact that we will be going back to France and NOT trying to stay in the US with an Adjustment of Status will allow us to safely file the I-130 immediately after our arrival in the US in November? Or will doing that be looked at negatively, like it surely would if we were not intending to leave the US?

Thank you for your thoughts on this situation.

p.s. - I am aware that since I am currently a resident of France I would have to proof my intent to becoming a US resident once a green card would be issued. This will not be a problem.

You could file the I-130 now if you wanted to, and opt for consular processing. There is no issue with that.There are also International USCIS offices. France is serviced by the Rome Field Office. Here is the link to that office https://www.uscis.gov/about-us/find-...e-field-office
Current processing times for I-130 Petition for Alien Relative; U.S. citizen filing for a spouse, parent, or child under 21; processing cases as of: 1.2 Month(s). USCIS has set up these offices for a reason. It seems like you would be shooting yourself in the foot by filing the I-130 from the US and then having to deal with the domicile issue. It will look weird/shady. You don't want that.
When the time comes for your spouse to go to the interview either at the Embassy or field office, you would likely attend with her, and would show evidence of your intent to move with your spouse to the US and all other evidence of bona fide marriage. If you've been married for 2 years or longer by the time your case is approved, the your spouse will get a 10-year green card and not a conditional 2-year green card.

All the best. (This is not legal advice)

[froberts]

You could file the I-130 now if you wanted to, and opt for consular processing. There is no issue with that.There are also International USCIS offices. France is serviced by the Rome Field Office. Here is the link to that office https://www.uscis.gov/about-us/find-...e-field-office
Current processing times for I-130 Petition for Alien Relative; U.S. citizen filing for a spouse, parent, or child under 21; processing cases as of: 1.2 Month(s). USCIS has set up these offices for a reason. It seems like you would be shooting yourself in the foot by filing the I-130 from the US and then having to deal with the domicile issue. It will look weird/shady. You don't want that.
When the time comes for your spouse to go to the interview either at the Embassy or field office, you would likely attend with her, and would show evidence of your intent to move with your spouse to the US and all other evidence of bona fide marriage. If you've been married for 2 years or longer by the time your case is approved, the your spouse will get a 10-year green card and not a conditional 2-year green card.

All the best. (This is not legal advice)

We would LOVE to file at the Rome USCIS - it would solve all of our problems - but it very clearly says on their website that you can only file there if you're a resident of Italy, which we're not. And there is not a USCIS office in France, so I believe I'm stuck filing with the Chicago Lockbox.

And for us, if I file now, I think it would be very difficult for us to come visit the US in November while the I-130 would be pending.

See what I mean?

[UScitizenFilingforspouse]

We would LOVE to file at the Rome USCIS - it would solve all of our problems - but it very clearly says on their website that you can only file there if you're a resident of Italy, which we're not. And there is not a USCIS office in France, so I believe I'm stuck filing with the Chicago Lockbox.

And for us, if I file now, I think it would be very difficult for us to come visit the US in November while the I-130 would be pending.

See what I mean?

Gotcha.