AOS filing question

[Chileanhere 17]

So I have a close friend who entered the US with a tourist Visa back in 2011.  He has been in a relationship for the past 6 years or so and has a 5 years old daughter.

He would like to get married now and apply for an AOS. The problem he faces are two.

 

1.- He entered the US with an Italian passport (He has dual citizenship  CHILE / ITALY)

2.- He lost his italian passport. During almost a year he has tried to get a new Italian passport but the embassy in the US is not taking cases due the pandemic.

 

He would like to get married and apply for AOS, but he is very concerned about the fact he entered with a passport he does not have now (and who knows how many months will take him to get a new one)

 

I know he can use his Chilean passport to get married. The question is, will this mean a problem in the future when trying to adjust status, due the fact he used his Italian passport to enter the US?

 

Any help would be appreciated. Thank you!

[payxibka 10,045]

8 minutes ago, Chileanhere said:

So I have a close friend who entered the US with a tourist Visa back in 2011.  He has been in a relationship for the past 6 years or so and has a 5 years old daughter.

He would like to get married now and apply for an AOS. The problem he faces are two.

 

1.- He entered the US with an Italian passport (He has dual citizenship  CHILE / ITALY)

2.- He lost his italian passport. During almost a year he has tried to get a new Italian passport but the embassy in the US is not taking cases due the pandemic.

 

He would like to get married and apply for AOS, but he is very concerned about the fact he entered with a passport he does not have now (and who knows how many months will take him to get a new one)

 

I know he can use his Chilean passport to get married. The question is, will this mean a problem in the future when trying to adjust status, due the fact he used his Italian passport to enter the US?

 

Any help would be appreciated. Thank you!

Using his chilean passport as an ID document in order to get a marriage license, is a state process.  Immigration is a federal process. Don't mix the two.  There is no affect on any potential future Immigration benefit if he does this.