my boyfriend has overstayed his visa by 5 years and is currently living in the U.S.. He came legally in order to go to college. He has a social security number that was issued to him on that Temporary Visa, but currently he has an Expired Passport and no other form of identification. I want to marry him, but I understand that he needs some form of ID (not an expired passport). What do I do? What ID can he get so we can Marry? What kind of obstacles will we face after we get married?
State/Country relating to question: New York
Your boyfriend may be issued a Marriage license by showing an original copy of his birth certificate and his passport ( even if expired) in some places. If your jurisdiction does not allow for only a birth certificate, your boyfriend may go to the Consulate of his native country in New York and renewing his passport. With that and his birth certificate, he should have no problem getting a marriage certificate to marry you. The obstacles you will face is a very broad question. Once he is married to you, you can petition for him to become a US permanent resident by submitting several forms including the I-130, petition for relative; I-485, Adjustment of Status; G325A, biographical information (one for each of you); I-864, Affidavit of support; I-765, Work Authorization which are all available at www.USCIS.gov. At that time you must file supporting documentation to show that you have a bona fide (genuine) marriage such as the marriage certificate, pictures of the two of you, proof of lease/sale of home, car insurance with both your names on it , health insurance, bills with both of your names on it. These are mere examples. You will also need to send copies of your birth certificates (with translations if in another language), divorce decreees if either were married before, and a copy of your boyfriend's I-94 (given to him when he last entered the US). He shoudl receive his work permit in about 2- 5 months and you will be called in to an interview at a USCIS office about 3-5 months after that. You shoudl take the originals of all documents at that time.He should try to renew his passport regardless of whether he needs it to be given the marriage license or not. It is very simple and will be to his benefit to have it during the process to make him a permanent resident.Hope this helps.If you have any other followup questions to this, after clickign ACCEPT, do not hesitate to ask, free of charge. Thanks If you were satisfied with this answer, please do not forget to click ACCEPT or I will not receive credit. Bonuses are always welcomed. :)
Studying and Working on immigration cases since 2007.
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