My fiance is german and is here in the us with me can we just go and get married or leave here and do it?
Answer:
i know first hand.
get married!!
if you ask immigration they will tell your fiance to go back to germany and get a fiance visa, because she/he is here as a EU tourist,therefore without a visa. it's bullshit!!!
the Fiance visa takes months (in my case 9) and during that time the petitioner CAN't enter the USA ( you can try, but when you arrive if they see you are a petitioner they will deny you the entrance for 2 yrs). and once you enter with the visa you only have 90 days to get married.
If you go through the fiance visa
once your fiance enters things are faster than getting married from here. you get a working permition right away,right at the airport they give you the application. but it is only a temporary working number that expires within 90 days. than you get married and you start the whole process.
in case you don't get married within 90 days things can be ugly cuz that type of visa is very specific and doesn't allow change of status.
i suggest to get married from here without petitioning the fiance visa. at least you won't be apart again.
though..talk to a lawyer to make sure,consulatation is not that expencive(70$). if the person is from germany it means she he entered without a visa because we Eu people don't need it and sometimes that twits against us. in my case immigartion told me i HAD to go back home and petition no matter what (even if getting married from here) because i was here without a visa, only as a EU tourist. later,talking to a lawyer i was told that it was not true, i could have got married in the Usa and fix it later.
good luck