By your explanation of the facts, I am assuming that your boyfriend has a visa that allows him to come in and out of the US as he pleases. If this is the case, you can go to Mexico and get married. However, the moment immigration notices he got married, he is not going to be allowed to return to the US until his fianc? visa is available. Immigration is afraid that if he is allowed to enter the US again, he will stay and do the process in the US and if not approved, he may stay illegally in the US. Thus, he will have to wait for the process in Mexico. You will file the fianc? visa and the timing for his return will depend on how fast the consulate in his country and city are working. It should take shortest 3 months, longest over a year. Time with immigration is unpredictable. If you marry while he is in the US, and he entered with a visa, you file immediately for him through a family based visa petition and apply for residency and work permit all at the time. This way, in (about) three months he will have a work permit while the process takes place. Residency should take from 6-8 months (but again, time for immigration purposes is relative and may vary by case).
Answered on Mar 19th, 2012 at 1:58 PM