Q: If my fiance is already in the US, do we need to get a fiance visa before getting married?
He is here on a visa waiver for 90 days. We are worried getting married on a visa waiver will be considered fraud.
A: Even if you wanted to, the visa waiver does not allow your fiancé to change status within the U.S. That's a condition of the visa waiver. Regardless, no fiancé visa is required. Are you a U.S. citizen or an LPR? Timing as well as intent are issues (because of the presumption of fraud). It is possible and I have succeeded with ease. I would be happy to handle this matter for you.
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