Your fiance needs a current passport (or another current government-issued identification document) in order to get married. In New York, the town or county clerk will not ask about the parties' immigrant status to issue a marriage license. You might, however, want to consult an immigration attorney before getting married because your future husband's ability to become legal in the U.S. depends on many factors, including how did he come to the U.S. (with or without a visa), when did it happen, whether he has any criminal history, whether he attended school in the U.S., etc.
Answered on Jan 16th, 2014 at 8:27 PM