Adjustment of Status or Spouse Petition

[chokdee]

My question involves marriage law for the State of: Nevada

Hi, i am a USC. My fiance and i have been in a long distance relationship for 5 years now. She has a tourist visa valid for 10 yrs. She visits me every year (for 5 years) and stays no longer than 2 months each visit. i visit her country almost every year as well. I live in Vegas and as we all know it is the wedding capital of the world. We always have plans to marry until this time it's for real. On her 2nd month of stay here in the US, we are getting married legally, although she got here still on her tourist visa.

Should i file paperwork and adjustment of her status while she's here?
Or is it better for her to return to her country while i petition her as my wife?

Which is faster and cheaper. We already spent a lot on travelling for 5 years.

Thanks a lot in advance

[Mr. Knowitall]

When somebody enters as a tourist she promises that she has no intent to immigrate. If she then marries her long-term boyfriend and seeks to adjust her status based on marriage, the USCIS may well wonder, "Did she commit fraud when she entered the U.S., something that would result in her being permanently ineligible to enter the United States?" There are plenty of people who enter as tourists, marry and adjust their status, but gaming the system carries risks. If you want to try that approach, I suggest discussing your case in detail with an immigration lawyer. If your fiancée is still planning her visit (as opposed to being here) I would consider a fiancée visa.

[Nabael]

If you have met her in person within the past two years and have viable proof (pictures, references, family testimony) you should instead file for what is called a K1 visa, otherwise know as a fiance visa. You would file all the required paperwork, she would be interviewed at the embassy in her home country to verify that this is a true marriage (not simply for papers) as well as ask from proof from her. From then, she would be granted the K1 visa if it is approved, and you would have 90 days to marry and get her status legally adjusted for purposes of residency. This would be advantageous as it is actually meant to be adjusted, and would create little fear of fraud.