fiance has been in the US since 2004, working, filing taxes with a clean criminal record, no violations whatsoever. Even owns a property and had his own business at some point.
You can try to help him and the degree to which you are successful will depend on a variety of facts which you would need to discuss with an immigration attorney. Depending on how he entered the US, he may be able to stay and adjust status without leaving, or he may have to go through consular processing, which would require him to leave the US and perhaps be subject to a bar on reentry due to his unauthorized stay in the US.
Don't rely on your reading of these posts to make your decisions. Talk to counsel.
Depending on the specifics of your case, it may be easier for you to apply for him AFTER you get married. However, before you take a step such as that, be sure to speak to an immigration lawyer to make sure that there are no potential problems that can arise in the situation, and that he is eligible. Also, some of the answers will depend on what you choose is the best way to go about it. There are likely many possible options, but you will need to discuss them with an immigration attorney first.
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This looks like a repeat question. Talk to an attorney, he may be required to leave the US before he can become legal.
Franco Capriotti - Senior Legal Counsel - Capriotti International Law
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