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She has violated her visa in that a tourist visa does not allow 'dual intent,' that is, to intent to get married when applying for it. She would have to show that she had NO INTENT of doing this. This is very subjective. In most cases, USCIS tends to overlook this, but however unlikely, this petition may be denied.

Therefore, the proper way to do this would be to marry and then have her move back to her own country and wait petition for her greencard from there with an I-130, or not get married quite yet and file for her fiance visa (called a K1 Visa). Then, you can marry her once she gets her K1 visa and comes over and file I-130/I-485 for her Greencard.

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