NO! If you could do that then every Mexican with an American girlfirend would be legal. We are all hiding out and waiting for some kind of Immigration reform that will give them some kind of chance at legal status. If you file those papers while he is here illegally, you might as well kiss him goodbye.
The illegal immigrant should go back to his or her home country and complete the divorce with his or her spouse. Then you should either get married in that country and apply for a spouse visa, or go visit that country and upon returning apply for a fiance visa and get married in the US after the fiance visa is granted.
How does a none immigrant fiance apply for a none immgrant fiance?
If the person is not your spouse, fiance, or a close relative, then you can't.
No!
The citizen spouse has no recourse to the action as US immigration laws no longer allow a citizen spouse to apply for residency for an illegal immigrant spouse. The Mexican national will have to leave the US and file under the required USCIS regulations for reentry.
You're children are legal citizens, and your ex-spouse may apply for immigrant status.
For the USA No, you do not have to get divorced. Instead, you can apply for your spouse's green card. The United States supports family values and wants you to be with the person you love!
which document need for employee to apply for illegal immigrant italy
No he cannot
You can marry here and is probably best as they will not let the fiance enter the US until the paperwork is finished. As soon as you get married here in the US apply for his/her residencency and Do Not Leave the country without a Re-entry visa or Alien Resident card.
Yes they can apply - there will be tough questions though.
If you are married, you can apply for divorce.