You've got a real problem. If you leave the country, there should be no expectation that your spouse can legallyreturn to the US. You would have to consult with an Immigration attorney to see what needs to be done to get the spouse a green card. They may have to travel back to their country of citizen ship and re-apply to immigrate. If they are in fact illegal, they may have to wait 3 to 10 years before being allowed to re-apply.
You need to talk to a lawyer about this.
It is legal in the United States for an illegal immigrant to marry a US citizen. Once the marriage is legal, the illegal immigrant becomes a legal immigrant and can stay in the US for the course of the marriage.
It's not illegal.
No he cannot
If you are married, you can apply for divorce.
no not unless they where married to a USA partner.
the US citizen shouldn't
=An immigrant is NOT an alien.==The immigrant would still be legal because they were married to a US citizen.=
I believe that you're guaranteed a citizenship when you marry a citizen, but being an illegal complicates the matter.
Yes they can apply - there will be tough questions though.
If an undocumented (illegal) immigrant is married to a U.S. citizen, then they are a U.S. citizen. So their divorce from another U.S. citizen won't affect the status of their child at all.
He wouldn't want to leave the country and have his papers checked, he might not be allowed back. And marriage does not change the status of an illegal immigrant.