If you get married to your fiance, keep in mind that he will need to file a provisional waiver to forgive his unlawful presence and he will also have to go back to Mexico to consular process. The reason he has to go back to Mexico to complete the process is because he entered without inspection. There is a small exception for spouses of active or retired military personnel who may be allowed to adjust status without leaving the US, even though they entered without inspection. Consult with an experienced immigration attorney to discuss your options.
Answered on Apr 22nd, 2014 at 9:46 AM