Not quite ready to marry, GF coming over

[nightshade1111]

Hello,
My girlfriend is a Japanese citizen, and is living in Japan now. I am a US citizen in the California. She lived in America as a unversity student for 4 years, and went back to Japan about 6 months ago.
We have been together for 14 months, but we are not quite sure about marriage yet. I would like to have her come to the US and live with me for 2-3 months. At that time, if things work out between us, I will ask her to marry me.
If we were to get married before her I-94 expires and apply for change of status, would this be considered visa fraud?
What dangers are there in this?

My girlfriend is terrified and thinks that she would be doing something bad and would be barred from America for good if she came here to try living together. I told her that it is perfectly normal to visit America for up to 3 months, but that she she shouldn't say on entry that she is coming to live with her boyfriend to see if things are going to work out. She can't imagine how I could be so careless about endangering her status. She is sure that she'll be turned away at the port of entry and not be able to return to America for years.

I talked with 2 attorneys, one who said it is just fine and there is no need for a lawyer, while the other said that I would be immediately suspected of visa fraud and be severely interrogated about the true intent of her coming here.

Fiance visa is an option, but it is a long ways off for not being sure about marriage.

Any ideas or comments?
Thank you so much.

[PraetorianXI]

She can not come under Visa Waiver Program or a Tourist visa with the "possible intention" of marrying you and applying for AOS. That would be fraud and misrepresentation at the POE.

You should apply for a K-1 visa for her, she can come and live with you for 90 days... you have 90 days to get married, and file for AOS. If marriage is not going to take place, relationship is over, then she can go back home before the 90 days are over, no harm done.

OR...

Only in the event that she WILL NOT marry you in the US and file for AOS, she could come as a tourist, to sightsee and spend time in the US (not living in the US). Then she can return home and you file for a K-1 visa.

Either way, a K-1 visa is the way to go. Other ways border the thin line of fraud.

[ferobrynza]

What if do it anyway? How long after I come (and married) it would not be suspicious that I misused my tourist visa. I would not do it but my future wife has a joined custody for her children and she can not leave tristate area for longer time......

[PraetorianXI]

I can not take part on possible immigration fraud. File for a K-1 visa.