Being legally able to marry and eligible to adjust legal status in the United States are different things. Sponsoring a family member who is out of status is a lengthy, difficult and expensive process. Consult an immigration attorney in your area before you start.
He doesn't need Legal immigration status to marry you but whether you he will be able to adjust his status based on your marriage depends on many factors and in some cases may not be possible at this time. Consult with an immigration attorney about the specifics of his case.
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.
I agree , you can get married without issue, but he will need to apply for a green card in order to obtain status and travel etc
Since he is "illegal" , you should hire a n attorney to see if there are any options
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 firstname.lastname@example.org Enjoy our Blog at http://immigrate2usa.blogspot.com/