Q: Can you apply for your CR1 (i-130) whilst you are still in the US (but not for AOS)?
Getting married to a USC and BC (British Citizen) myself in the US whilst on ESTA, will continue to be in US for 3 weeks afterwards before returning to the UK. Can we start the application as soon as we are married when I am still in the US, or wait till I am back in the UK?
A: Yes, you are able to file an I-130 petition for alien relative while in the United State on ESTA and thereafter decided on how you wish to proceed with the remainder of the case, if that would be through the standard consular processing route.
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A:
Yes, you can submit the I-130 petition while you're still in the US, even if you plan to return to the UK for consular processing rather than adjusting status. The physical location of either spouse when filing doesn't affect the I-130 petition's validity.
However, it's crucial to maintain clear intent about your plans. Since you're entering on ESTA and planning to return to the UK, make sure you have documentation (like return tickets) showing you don't intend to stay and adjust status. This helps avoid any questions about immigrant intent during your current stay.
For the most efficient process, you and your USC spouse can gather all required documents and begin preparing the I-130 package during your time together in the US. The petition can be filed while you're still here or after you return to the UK - this timing won't impact the processing of your case. Just remember that after filing, you'll need to wait in the UK until your case is processed through the National Visa Center and the US Embassy in London before you can return to live permanently in the US.
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