My boyfriend (fiance) and I want to get married we have been together for over a year, he is on an over stayed visa how best do we proceed from here

If he has overstayed his visa and never left the country, he should be eligible for adjustment (I'm assuming no criminal history).  If you are a US Citizen, you can get married and file for adjustment of status (with all appropriate paperwork) and he should get his green card within 6 months.   If you are a green card holder, then I would suggest waiting until you become a US citizen before filing for him.   Let me know if you have further questions.Sincerely, Rehan AlimohammadAttorney at Law & CPA Law Offices of Rehan Alimohammad, PCHouston Office: 281-340-2074Toll Free: 800-814-3920Fax: 866-240-0629www.attorneyrehan.com  

Thank you for your inquiry.  I am sure the current situation is quite stressful for the both of you. If your fiance last entered the U.S. with inspection but is an overstay, the good news is that he may still be able to file for and obtain his green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.  One big issue in his case is proving his last lawful entry and the facts surrounding that entry.  Addressing the last lawful entry issue, he may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.   You can find info on the green card process based on marriage to a U.S. citizen at:  http://www.familytousa.com/green-card-through-marriage-ad/ The fact that he is an overstay and here w/o status is a serious issue.  You should consider consulting with an experienced immigration attorney who can advise on the specific issues in his case and provide a game plan for him. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com   

Dear If you are a US Citizen and your husband to be entered the U.S. legally, once you get married, you can file a petition on his behalf that allows him to become a permanent resident without having to leave the U.S.  The process doesn't take long and you should seek the assistance of a qualified attorney to do the same.  Good Luck.