K-Visa or Other?

I have a few questions.
I plan on marrying my fiance, who is also the mother of my child.
She became pregnant here and overstayed her visa for a while.
We are not sure how long.
She returned home while pregnant.
She says she turned in at the airport the card that told her what date she was supposed to leave by.
It could be anywhere from a 170 to 190 day overstay.
So the first question is about a possible ban...
How could we find out if there is a ban on her?


Secondly, we planned on filing for a fiance visa, in order to marry here.
A lawyer I spoke to told me this was the way to go.
But as he specialized in fiance visas, I was suspicious of his advice.
But I am now hearing that it would be better for us to marry in her country.
Either way our ultimate goial is to raise our child together as a family here.
My question is...which is preferable for us?
If we are denied a k-visa, could I go and marry her there and apply for a different visa?
Or is it a one shot deal?

Also, does the fact that there is a child involved that is mine give us better chances of obtaining a waiver, if one is needed?



Any advice would be appreciated.

If she overstayed by more than 180 days, she should expect that she is subject to a period of ineligibility to return. She should figure out the length of her overstay. Once you have that figured out, let us know.