USC to marry non-USC currently in USA with J-1 Visa

[kurt4949]

I'm a USC engaged to a non-USC. She has a J-1 au pair visa and is currently in the USA. Her J1 is not subject to return home for 2 years. What steps do we need to take so that she can stay here after her J-1 expires? She only has 2 months left on her J-1 visa.

Do I need to fill out form i-130?
Does she need to fill out form i-485?
Should we get married in the USA or in her home country?
What is the proper order to fill out the paper work and how long will it take?
Should we apply for a fiance visa?

Any help is appreciated, thanks.

 

[elcupacabras]

Provided your fiance entered the US with no intent to stay, then they are able to AOS (apply for permanent residency) should you both marry. This can be done without leaving the US.

Here is the step by step guide detailing what you need to do.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Expect a wait of 6-8 (this is an average timeframe) for GC interview following filing.

 

[tinkerbelluk]

you may also have to apply for a waiver of the 2 year period, it my be worth contacting USCIS to find out.

 

[LucyMO]

Au-pairs are not subject to HRR (the 2 year rule).