Do you realize you are obligated to support her even if you divorce by the affidavit of support you must sign?
My other question is: Are you crazy? You want to marry a person who would commit fraud when there are significant consequences. Why so you think she will not take advantage of you too? RUN!!!
You can tell her your view of it, but she is going to do what she is going to do. You should explain to her that she has ALREADY committed fraud against the US government, and that could well have serious consequences down the road. You seem to just brush off what she has already done. She should stop committing fraud, NOW, and find a lawyer to help minimize the damage of her fraud up to this point.
Otherwise, don't get pulled into a criminal venture yourself.
And you don't have to get married right away. If she has to leave the US for a while next year, visit her in her country. Marry in haste, repent in leisure. You are absolutely going to have a different view of this in 5 years.
Look, the woman got some bad advice from friends who went through the same process (successfully). She realizes that it was a mistake now, but you can't change the past. I am just trying to determine the best course of action going forward. She is the most genuine, sweet, innocent woman I have ever met. If this is some bizarre deception I will be completely shocked. And believe me, I am intelligent, skeptical, and question everything. I didn't know anything about this affidavit of support...
This is the question I am trying to get an answer to. Am I getting pulled into a criminal venture? Is it illegal for me to marry her just because she committed fraud? What does that have to do with me? I haven't perpetrated any fraud. And I am getting her to abandon this fraud and proceed legally from this point forward. Your advice is appreciated, by the way. I especially liked the "Marry in haste, repent in leisure" line. Nice, and good advice....
Your opinion had been noted and is appreciated.
Michael and Dogmatique, you are both obviously intelligent and trying to be helpful, and I appreciate it. But I didn't come here for personal advice, I came here for legal advice. Does anyone have anything to say about the LEGALITY of this issue?
My advise is to have her return to her country and then you can petition her with a fiance visa, you are the sponsor and all will be fine, however remenber when you bring or sponsor a foreing wife you have to sign an affidavit of support if something happens you are responsible for that woman for 10 years or when she becomes citizen or full employment. Many of these foreigners know that trick now and are divorcing the stupid husband and living with alimony for free at the level they were living and all they do is live with another man not get married and you are screwed for 10 years paying alimony, good luck to you my friend she cheated once she will do it twice and more. Think well before you get into a big trouble like me, experience is more than 1000 words.
It sounds like you are actively engaging in the commission of fraud. Even if you do not get prosecuted for it, when she divorces you, you'll discover you are now liable to support her financially for as long as she wants you to do so. I thought you said you were intelligent.