Hi everyone, I'm a US citizen who has been dating my GF for over 3 years now. She is a South Korean National who was living in the States (was working at an American company here) up until last Summer when she had to move back to her country for family reasons. She is going to visit me in 3 months and we had intentions to get married (on-paper). Up until a few days ago, we thought it would be okay to get married, file I-130, and then AOS while she stays with me but after doing some research on this site, this seems to be illegal due to the intent to visit on a B-2 visa being in conflict with my GF's intent to marry + stay with me afterwards.
So, it seems our options are the following:
1. K-1 option
2. CR-1/IR-1
3. Marry then apply for AOS after 60 days - an immigration attorney I spoke to mentioned this could be an option (albeit risky) - he said this would be possible in my situation as we have been dating for a long time with her being in the states and so long as my GF can prove her intent was to return back to her country (return flight ticket for example) but show that things changed
At this point, K-1 is likely going to be out as it will take a very long time for her EAD to come out (her career has already been put somewhat on hold when she returned to her country).
Here are my questions:
Is #3 really possible? Wanted to confirm that here or whether that's just an unnecessary risk that we shouldn't take. We certainly have lots of proof that our marriage would be bona fide (text messages, photos, etc) but my understanding is that the issue is regarding the preconceived intent on a B-2 visa
If we decide to go with the IR1 option, can we get married while she visits me in the states, apply for I-130 then have her return to her country? Or would she have to apply for I-130 after she returns to her country first? Was a little confused about the sequencing when I looked this up.
How long on average is it taking for the CR-1 process to be complete (Green card in hand) these days?
Finally, is she still allowed to visit me in the states while we wait for I-130/CR-1 to be processed? Not quite sure how long it's taking these days but it was a tough pill to swallow knowing we'd have to extend how long we've been doing long distance even for longer than a year. Being able to visit each other in the meantime would really be a huge plus
Thanks so much in advance