Is it better to wait for my fiancee to be a US citizen before we get married? 3 Answers as of August 29, 2014

Hello, please advise me. I am living in Australia but my fiancee is a resident in the USA and has a green card .We have been together 6 years. Every 3 months, I always travel to see her in the USA and stay with her for 1 to 2 months. We are ready for marriage.
First option: If I go to the USA as a visitor and got married.
Question 1: To get a work permit, how long will it take?
Question 2: She is gonna be a US citizen in 2016. So once she is a citizen , will the immigration give me straight a green card?
Second option: I go to the USA with a visitor visa and get married with her and go back to Australia.
Question 1: To get a fiance visa while outside, how long wil it take to join her?
Question 2: Is it better to wait for her to be a US Citizen or not?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Linda Rose Fessler | Linda Fessler
I would apply for a fiance visa now.
Answer Applies to: California
Replied: 8/29/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Either option is viable. You cannot enter with a tourist visa with the intent to marry and seek permanent residence. Even assuming you could do so, you could not seek adjustment of status based upon marriage to a permanent resident as you are required to wait for a visa to be available. This means you would not be entitled to a work permit. You also could not adjust status based upon marriage to a lawful permanent resident if you failed to maintain your nonimmigrant status. You could marry and return to your native country. Your spouse could file for you to receive an immigrant visa. If you are still waiting to immigrate at the time she naturalizes, she can request the petition be upgraded to an immediate relative petition meaning you would no longer be forced to wait for a visa.
Answer Applies to: New York
Replied: 8/29/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
The case is complicated and should be discussed thoroughly with an experienced immigration practitioner. If done right, the entire process can be completed in months not years.
Answer Applies to: California
Replied: 8/29/2014
Click to View More Answers: