[mioakelle]

My fiancé is in the united states illegally and we want to know if it is even possible for us to get married here. We also want to know whether we should file a fiancé visa or try to marry here or in his country or if it is even worth the time and money to file. We cannot get married in Colorado which is the state we live in and he is terrified to go back to mexico. We want to get married and start a family but I cannot bring children into this world just to be a single mother. I love him with all my heart but I want a whole family how can we make this work?

[JudyKayTee]

He goes back to Mexico and then applies for a visa in the US.

I very much doubt he has sufficient ID to marry in the US.

And, yes, there's a good possibiity he would be discovered and deported.

Why is he "terrified" to return to Mexico? Is there some type of threat against his life in Mexico?

I would consult with an Immigration Attorney. He can't file anything in the US when he LIVES in the US.

[lawanwadee]

It depends on how he entered US... do consult experienced immigration attorney.

[NYcityboy]

What ID does he have? If he has been here a while he should have a drivers license and a valid SSN. If not he can get a consular matricula from MXCON. If he does, then he can get married here to you.

The other issue is can he apply for permanent residence here in the US or does he need to return to MX. How did he enter the US and when did he enter? Did anyone ever file a preference petition prior to April 30, 2001 for him or for his parents while he was under 21? Has he had any other immigration violations, or criminal arrests, charges ore convictions?

If you provide more details, you will get a more detailed answer. If not, I agree with L, you need to consult with an experienced immigration attorney, he may need an I-601 waiver at AMCON. Check with AILA for referral to a certified specialist.

[mioakelle]

Thank you all for your responses. He came here in 2005 his stepfather brought him and his younger brother he turned 18 a few days after they crossed and he does have a matricular and we found we can get married in a few states still. He has no record other than getting caught and fingerprinted on the way in I've heard that's called catch and release so I don't know what that will do when we try to file. I plan to see a lawyer soon I was just hoping someone else with experience of either the same or a similar situation would give me their input.

[NYcityboy]

Good idea to consult with an attorney. Should file a FOIA (no cost G-639) to get a copy of his immigration file and FBI fingerprint record check (minimal cost) for any detentions or arrests he may have. Good luck!