yes, she is not planning on living here. We are planning on doing it the legal way, but just want to make sure that she can travel on her visa waiver while we are doing the paperwork. So when I file the 130 form. How long does that take?
I'm sorry for the way this might sound, but you're not really at the point of filing your own case.
Why would you file the I-130 if she is not planning on living here? I --think-- I know what you mean, but your language is not clear.
Now you say she has a visa waiver.. where is she from? A visa waiver is NOT the same thing as a tourist visa.
You want to make 'sure' she can travel while a petition is pending but you do not give any information to help give you an accurate answer. Most people can travel with a petition pending, but some can't.
The I-130 is one single step in a multi-layered process. Do you know what visa she will apply for? Generally, an immigrant visa case for a spouse will take just under a year to complete.
Please do some internet searching for family based immigration sites that have explained the process in layman's terms, or seek professional help. You're really in for a year or more of misery if you don't get it straight what you're doing --before-- you start.