I am engaged to be married, my fiancé is an illegal immigrant from Mexico, we have been together for over 2 years and have a 10 month old daughter together. He is a provider for the family and is a good father. I want to help him become legal in the US . That is the reason we are not married yet, because I am not sure how to go about doing this I know marriage to someone who entered illegally will not qualify him, but I am not sure what will. Should we go to mexico and get married ? Should he go back and I apply for a fiancé visa? Please help me! What would be the easiest way to go about this?? :confused:

It depends on the date and nature of the entry and his subsequent USCIS filings, if any.

If you are married to him and he is a visa overstay, his case is approvable under section 245(a). If he entered EWI, he will need to be eligible for section 245(I), this is a factual determination depending on when he entered, what he filed or if qualifying relatives filed for him or his parents.

If he doesn't qualify as above for AOS, he will need to apply for IV CP with a waiver. Difficult and very fact-specific.

He will not qualify for the K-1 visa.

See an experienced immigration attorney.

If you haven't already, visit www.immigrate2us.net. I know this message is 2 years old but I am more suggesting this site for others searching for answers to their immigration questions that stumble upon this page.

If a kid came to america and is illegal but has been in the us for 16 years and is 17 now can he get papers ?