Hello,

Our situation is this. We have been dating for almost 3 years long distance relationship while she finished school than eventually moved to Oregon together last year. Lived together there for almost a year she kept her tourist visa legal the whole time exiting and reentering when necessary. Last December we got a Marriage License in Oregon but decided not to get married since we were going to be leaving the US for the next 3 months to travel overseas as tourist. We both returned to the US almost 6 months ago and decided to move to NY. We got married 1 month ago here in NY and are now ready to file her papers (I-485 and I-130).
My concern is this she entered the country almost 6 months ago legally as a tourist unsure of what and where our future was going. We eventually did decide to get married and now are unsure if she should file her paperwork here in the US and stay here for the whole process or if she should return to Mexico and file from there? My main concern is that our Marriage License we got in Oregon and never actually used will cause a red flag and that they may think she entered this last time fraudulently. We ultimately were just unsure at the time of what we wanted to do. Sorry this is long winded...hopefully someone can help.

Just the facts.
Entered 6 months ago on I-94
Married 1 month ago
Previously had a Marriage License that we did not use from last year
I am USC she is Mexican Citizen
Her I-94 expires in 2 weeks
Stay in US or go back to Mexico to file???