K Visa Applying for a Fiance visa !!!Mafioso please help!

[sandy21]

I met my boyfriend in school and I just found out that he is not legally in the US. My question is if he goes back to his country of origin and I apply for a fiancé visa, the fact that he was living in the us already ;would that be an obstacle to get this (k1) approved?. He's never been arrested
Since we are trying to get married at the mean time I'm trying to help him out with his status..

 

[mafioso]

How did he get into the US? What type of visa or entry?

 

[sandy21]

His Parents brought him when he was only 15 years old through the US and Mexico Border.

 

[mafioso]

Does he have an I-94 entry card? Or did he just cross illegally?

 

[sandy21]

He doesn't have an I-94 so it may have been illegally. Thank you!

 

[mafioso]

Then he would have to go back home and get a k-visa. His illegal stay here is at the discretion of the embassy consul.