She has been here 1 year we have a child together and I am a resident of america
I have some concerns about what have outlined. Unless your fiance's tourist status was extended beyond the 6 months typically given, she is likely already out of status. Remember, the Visa does not determine how long you are permitted to stay in the US; the I-94 card that she would have been given at the airport does that. Typically, you get 6 months on the I-94.
Because you are a resident, you will need to marry your fiance before anything can be done on the immigration side. Once you have married, you can file for her, but she will have to wait for several years to get her green card, and she cannot remain here in the US while she is waiting for her turn.
You need to meet with an experienced attorney to discuss your options.
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