Hayward, CA Immigration Law Firms & Lawyers

It sounds like you entered on a B-2 visitor visa and that you timely filed for an extension of status. In that case, you are supposed to leave on the date the extension is denied. That date also determines when you have "overstayed". If you did not decide to marry or apply for a green card until after your entry to the US, you are eligible to apply for an adjustment in the US based on the facts you presented. Some jurisdictions will overlook your overstay while others will not, so you really need to seek local counsel to evaluate the best option for you. You still need to have a full appointment with a competent immigration attorney, as there may be other factors present that would complicate your ability there. You are also permitted to leave and apply for a fiancee visa or marry now and apply for a green card. Those are both through consular processing so expect to be out of the US for at least 9 months.

We would need more details to properly assess his case including copies of any prior deportation orders, copies of any underlying criminal convictions, and his complete immigration history including how long he has been out of the U.S.

You don't need a K-1 if he is in the US. Even if he overstayed his visit, you can marry him and apply for his green card in the US (without doing the K-1 process). Entire process only takes 3 to 4 months.