Native American Canadian about to marry U.S. citizen -

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QUESTION:
My significant other is a Native American born in Canada.  He is in the U.S. with me right now.  He entered the U.S. by showing his Indian card, and got a U.S. Social Security card free and clear by showing his blood quantum letter from his tribal band.  However, he was given no border entrance document and therefore, as of now, cannot even get a driver's license in the state we're in.  We have finally made the final decision to get married.  We expect to live in the U.S. for now but not rule out Canada in the long run.  So here's the question: *Should we get married here and then have me file to have his status changed to resident . . though he has no border entrance document?   OR Should we go get married in Canada, then have me petition to bring him in as family member?   If you have an opinion I would greatly appreciate it.
If we wanted more complete help from you on this matter, what would it cost?
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david ingram replies:
Under the Jay Treaty of 1794, your husband to be "is" or should already be a resident alien, that is why he was given a social security card, etc.  He should just go and push his position.  This assumes that he has 50% or more native blood.
Unfortunately, many people were given letters that have now been shown to be incorrect and the right to live int he US has been removed from the individual.
What happened with your fiancee, I am sure, is that he entered the US as a visitor and did not let the people at the border know he intended to live, work and marry there.
He therefore is just there as a visitor and if he has been there for more than 6 months, could be illegal at this point even though he has the right to be there if he has 50% native blood.
How long has he been in the USA.
david ingram
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