Hello.
You need to be legally married before you can petition for your spouse.
If he is not in the US or in the US with a valid nonimmigrant visa then you can apply for a fiance visa with the US Consulate in his home country and then get married in the US.
If he is in the US then depending on his manner of entry (legally or illegally) will determine if he can receive his green card in the US or would have to leave and go to a US embassy in his home country.
My firm has clients throughout the United States. I would be happy to assist you with your immigration matter.
Please call for a free initial consultation, we offer payment plans.
915-219-4070
Samuel J. Zermeno, Esq.
sjzermeno@zermenolaw.com
www.zermenolaw.com
Answered on Jan 21st, 2016 at 3:22 PM