Q: My fiancé is in the Philippines. We have filed for alien fiancé. If she visits and we marry can she be deported.
I am US citizen. She has a 2 y/o daughter
A: If you are suggesting that, while the fiancee petition is pending, she enters the U.S. on a visitor visa with the intention of marrying and then pursuing instead a Petition for Relative / Application to Adjust Status case, that would be improper. Certainly adjusting status (into U.S. legal permanent resident) from visitor status is legally possible, but one's intent at the time of entry as a visitor must have been to visit; not to pursue adjustment of status. It sounds as though you are currently on the right path. You should also know that by marrying during the pendency of the fiancee case, you would be negating the fiancee case, as she would no longer be your fiancee. To the extent that you continue with the K-1 fiancee case, and to the extent that you were unaware, your fiancee's 2 year old daughter can also come with her mother, on a K-2 dependent visa. You should perhaps schedule a consultation with a competent immigration attorney who can answer more in-depth your questions in a private setting, not online. Some offices, like mine, offer online (Skype) or telephonic consultations for those who do not reside locally.
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