Should we get married in another country and then apply for a visa? 6 Answers as of September 27, 2011

It depends on the exact facts of his entry, and any immigration filings done for him or his parents before April 30, 2001. If he is not eligible to adjust his status in the US, then you should marry here and then file the I-130 relative petition, then he will need to go to his home consulate to apply for the immigrant visa and the waiver. Be sure to consult with an experienced immigration attorney to assess his eligibility for the waiver.

Getting married outside US will not waive his unlawful presence in the US. It appears that you need to consult with an immigration attorney rather than listening to rumors.

Without more information, I cannot give you proper legal advice. Generally, if your husband entered without inspection, he must leave the country in order to process his papers.

Your boyfriend will have to process through the U.S. Embassy/Consulate. Assuming you mean that he crossed the border illegally, he cannot adjust his status in the United States. However, as he has been illegally present in the U.S. he will need a waiver to re-enter as he will likely be subject to a 3 or 10 year bar. This waiver would be based upon extreme hardship to you if he was not allowed to re-enter prior to the expiration of the period he is barred. It would be best if you and your boyfriend consult with an immigration attorney before leaving the United States to determine how to best proceed.

You have a problem. If he entered illegally then he can not adjust in the US. If he leaves then there could be a bar to his return depending in the illegal time accrued in the US.

Significantly more information is needed in order to assess the options, including information about your boyfriend's age, the date he entered the U.S. unlawfully and without inspection, and whether anyone may have filed an immigration petition for him. There is no substitute for reviewing all of the facts carefully with an immigration lawyer.