The spouse of a USA citizen does NOT need to be out of the country for you to file the I-130 visa petition for him. You have been getting some bad information, or perhaps misunderstanding what they have said. Ultimately, however, for step two of the process, if he entered illegally, he may have to leave the USA for a consular interview, but that's for an interview not for a "filing."
Answered on Nov 13th, 2014 at 12:47 PM