Immigration Issues/Getting married


Thank you for addressing my questions/concerns.

He came from Poland and entered on a Tourist Visa.  He overstayed his visa by about 3 years.  He applied for a job and provided his SSN that he had from his previous visit when he had a work visa.  The restaurant he works for now would probably not be able to sponsor him - I'm not sure how all of this played out, but I do know that they pay him by check and he does pay taxes.  

If there are fines that we would have to pay, we will pay them.  I am a US citizen and would like to go about this the best way possible - and if that means we have to pay fines, we will pay fines.  Thank you.

The text above is a follow-up to ...

My boyfriend came here legally with his then-girlfriend about 4 years ago.  Prior to this, he had been to the States 3 times and returned each time.  During the last 4 years, he and his then-girlfriend overstayed their visas and had 1 child.  They have since separated and she has returned to their country of origin.  We have been very good friends for this entire time, and admitted our love for each other prior to his ex-girlfriend leaving.  We have been in love since we met and would like to have a future together.  He is a very ambitious young man and has been paying taxes all the time he has been here.  

Again, he entered the states legally and has a SSN - from previous work exchange program and has been working and paying taxes all along.

We can't imagine our lives apart from each other...

1a)  Can we get married and start the paperwork without us having to part?  If so, what steps do we need to take?

1b)  Do we have to file special paperwork and pay additional fees because he overstayed his visa?  

I can't imagine my life without him and we are willing to do whatever it takes to be together forever.

2)  If he has to go back right now, should I apply for a fiance visa or would we have problems having him come back to the States?  How long could this process take?  

3)  Would we be better off having him go back, me going there and getting married and then filing for a marriage visa and then waiting for him to come here on a marriage visa?  If so, how long would this take?

I just don't know what to do and I *KNOW* that he did not fall in love with me simply because of my citizenship.  He is torn between being with his children and being with me... and would like to chose to be with me.

If this becomes too complicated and he decides to go back but changes his mind in a year or so -- can we then start the process for fiance/marriage visa?

Please help us... we belong together.
-----Answer----- about providing some information regarding the type of visa he had, how long did he overstay, was he working and type of visa that authorized him to work. What country is he from?

Unfortunately, there is no mechanism to pay a fine at this time.  Under the current law, he is deportable, even if he is married to you.  He has overstayed his visitor visa, in addition is working in violation of law.  Although he had a SSN from a previous visa (H I would assume) this does not give him authorization to work.  I would suggest he return home then you petition for him as an immediate relative.  If he gets caught and deported, it will be far more difficult for him to return to the US.  Best thing is to return on his home country and start the immigration process correctly.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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