VinnyH

Indeed, but the OP asked about coming to get married and do the AOS, so the idea is there and if they proceed with that plan, there is clearly intent now. What counts is the intent at the POE when OP's fiancée arrives in the U.S. The mere fact that we are discussing this topic here provides the proof of intent. Now, from a legal standpoint, it's gonna be hard to prove the intent, but let's be serious and honest here. Not here to police anyone, just providing my opinion.

1. It is legal to stay and adjust status if that was not her intent initially when she entered the U.S. to stay and adjust status. Plans change and life happens, so a tourist who enters the U.S. initially for tourism (with no immigrant intent so far) and meets by chance the love of his/her life and happens to marry by the end of the 90-days granted by the ESTA can totally do the AOS once married. In your case however, you and your fiancée clearly have the immigrant intent for her even before she arrived in the U.S., therefore it is totally illegal. When your fiancée arrives to the U.S. POE, the CBP agent will likely ask her the reason of her visit. She can say she is here to marry, or lie and says she is here for tourism purposes or visit you as a "friend". The CBP agent may get suspicious and asks what your relationship to her you are, and if it is discovered that you are engaged, then she will be under scrutiny, because although coming to get married is not illegal, the CBP is always concerned whether she will leave. So if she decided to be honest from the beginning and say she is here to get married, they will assess whether her plan to leave after the wedding. Two options: A. Be honest and say you intend to adjust status: she will be denied entry and sent back. You can still go with the CR1 option in her own country. B. She lies and is admitted. You get married and do AOS. So indeed, she can always lie, and this is a serious misrepresentation. It might never get caught and you will be fine. But a lie remains a lie and it can always come back and bite her in the butt later on, especially when/if she decides to apply for citizenship when the USCIS will look at all the timeline, and you might be questioned to explain yourself. Or the USCIS might not care at all. At the end of the day, it is about doing the right thing and a question of ethics, moral and following the law. You are the one making the decisions.

Hi vivfran, Search on the forum before asking the question is always a good idea! This was covered in details in the post I wrote here below. Please be aware that your USCIS Regional Field Office will only issue those for valid reasons and the process is very complicated.

The form filler ("wizard") is just an automated tool that helps you prepare the application form. You are not claiming anything until you submit that form by signing and taking an oath before a sworn passport agent. Moreover, info input is not stored anywhere on the State Dept. servers, but cleared once you exit the page, so you're fine. I asked myself the same question when I naturalized, but realized I was too paranoid.

It looks like your HR is focusing too much on your CR-1 visa instead of your I-551 stamp which is the evidence of your LPR status. You are correct to show them the I-9 official list of accepted documents.