Richmond, TX Immigration Law Firms & Lawyers

At the age of 18, you would be free to marry without parental consent in any state. Your boyfriend's having a social security number and having been a Dreamer does not necessarily mean that he can adjust status in the US through your sponsorship. That would depend upon whether he entered the country by being inspected and admitted or paroled at the point of entry. If not, he would have to go through consular processing which at the very least consists of your filing an I-130 relative petition for him, having it approved, and him initiating consular processing to interview for an immigrant visa in his home country.  DACA prevents the accrual of unlawful presence, but persons whose DACA statuses expired begin to accrue it after reaching the age of 18. The consequence is that 180 days of unlawful presence bars an alien for three years and one year of unlawful presence bars him/her for 10 years if he/she has to leave the country. If your boyfriend has already accrued those periods of unlawful presence, you might still be able to fix his papers, but would likely have to go through much more effort and risk in that he would have to go through the I-601A program to immigrate. That involves your filing an I-130 relative petition for him, having that approved, and him filing for an I-601A application for waiver of the 3/10 year bar for being in the country illegally for either of those time periods past the age of 18. The waiver is based upon showing that you would suffer extreme hardship if he had to return home and could not come back. He would wait for the result here and if approved would set up a consular interview in his own country for an immigrant visa. Assuming that he has no other immigration problems, the interview would most likely be normal and he likely would return to the US within 1-2 months. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

She could try to get a visitor visa, but if that doesn't work, you can marry her abroad, and then start the visa process by filing an I-130 visa petition. Alternatively, you could wait to marry, and sponsor her for a K-1 fiance visa.

She can marry someone else. But since you guys did not get married within 90 days of her arrival, she cannot receive her immigration documents without leaving the U.S. in most cases.