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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105568
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm trying to marry my boyfriend in Florida. But all his Ids

Customer Question

I'm trying to marry my boyfriend in Florida. But all his Ids are expired by a year. He has no legal documentation. What are my options?
Submitted: 14 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You can marry. That's not an issue. I'm assuming you are asking how to get him legal? If so, how did he enter the U.S.? Illegally or with a visa? Which visa?

Customer: replied 14 days ago.
In the state of Florida it requires him to have a valid ID. He does not have that, what are my options?
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

How did he enter the U.S.? Illegally or with a visa? Which visa? And what country is he from? And what happened to his passport?

Customer: replied 14 days ago.
He entered with his visa but now it's expired by a year
Customer: replied 14 days ago.
He's from Romania. He cannot get a passport a embassy because it has a chip in it
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

That's ok. By the way, I live in Florida, so I'm very familiar with the requirements. What visa did he use to enter the U.S.?

Customer: replied 14 days ago.
Tourist visa. All marriage licenses are telling me he has to have valid id
Customer: replied 14 days ago.
B1/b2
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

Ok. And his passport has expired? When? I find it hard to believe that the Romanian embassy will not renew it.

Customer: replied 14 days ago.
Passport expired nov 2015
The passport has a chip in it that can only be renewed in Romania
Customer: replied 14 days ago.
They can only renew if you show legal prof of residents
Customer: replied 14 days ago.
Which we don't have.. Since he over stayed his stay
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

Well, he should still be able to use that as an ID to get married. If not, then go to Vegas or any other place to get married that will accept it. USCIS will accept any valid marriage entered anywhere. Here is a link:

http://www.usmarriagelaws.com/

But I'm pretty sure that he will be able to use the expired passport as an ID to marry in Florida.

After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 14 days ago.
This is all information I already knew and I'm still stumped with only option is vegas
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

Did you actually go to the clerk of the court to apply for a marriage license using his passport and they told you no?

Customer: replied 14 days ago.
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

What county do you live in?

Customer: replied 14 days ago.
Lee
Expert:  Guillermo J. Senmartin, Esq. replied 14 days ago.

You may need to go to another county. In Miami-Dade, I have seen people use expired passports as an ID to get a marriage license. Or you can try a different clerk in Lee County. Or perhaps you can take a drive to a nearby state like Georgia, for example. I just believe the clerk in Lee County is being difficult, but you have some options available unless he can apply through the mail for a passport from Romania. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 13 days ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 12 days ago.

Thank you for your kindness and respect. Good luck to you.