A fiance visa is not a good be option in my view. Your boyfriend has unlawful presence issues and for which, he needs a waiver if he is going to be able to return to the US. To be statutorily eligible for the waiver, he must show amongst other things, hardship to a qualifying US relative. Being just a fiance is not going to be enough for a waiver. But marriage to a US does. I suggest you file a Form I-130 after your marriage to him. He will undergo consular processing at a US embassy overseas. Prior to that, you should prepare a 601 Waiver of inadmissibility. You should not attempt this alone, and must instead hire an attorney especially with respect tot he waiver package.
Answered on May 17th, 2013 at 3:51 PM