If you have independent proof (priest's record of ceremonial marriage), along with affidavit statements, you may be able to qualify as a spouse for petitioning purposes.

Answer Applies to: California
Replied: 12/6/2011

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Unfortunately, you will not be able to legalize his status within the US even if you are able to get a marriage certificate because he entered the US unlawfully and under the current immigration laws he cannot adjust status within the US. He would have to go back to Mexico to consular process but because of the length of his overstay, he will be barred from reentry unless he can prove extreme hardship to a US citizen spouse, which is very difficult in most cases. As far as getting married and getting a marriage certificate, you might be able to do it in a different state (Las Vegas, for instance (check their requirements) but it still will not solve the problem of his being in the US unlawfully and having entered unlawfully. Do you know if anyone had ever filed a petition on his behalf prior to April 30, 2001 as that might grandfather him under Section 245i?

Answer Applies to: California
Replied: 11/30/2011

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I recommend you have a consult with a competent immigration attorney in your area. A few things to look at: did anyone ever file any immigration papers for him before April 30, 2011? Has he ever been the victim of a crime in the US where he helped the police? How did he enter the US? Has he ever been arrested or convicted? These will be important factors in whether he can apply for a GC in the US or needs to leave the US in order to file. In the latter instance, he will need an extreme hardship waiver so you also want to have the attorney analyze that for you, because the departure triggers a ten year bar to reentering the US if the waiver is not approved.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should have been able to get the marriage certificate yourself to show that you are married. You can file a visa petition for him and when time comes to process the immigrant visa, he will have to go back to Mexico and have his interview there. He may need a waiver to return to the US. I have the feeling that there may be more to your case than I can explain to you in this forum.

Answer Applies to: California
Replied: 11/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.