Civil marriage in Spain with non-EU citizen

We have all documents for him and for me but his visa is expiried.

Sorry, but this question needs to be asked.
If someone who is effectively illegal, because they have over stayed the visa limit, can pop their head  above the wall to get married? Do you realise it could well end up in tears.

But again, you need a lawyer, not the uninformed opinions (including mine!) on this site.

You keep posting that advice. Why? Forums are for exchanging/asking advice. If all posters did what you suggest we would have nothing left here.

Johncar wrote:

I can say that even when a spouse of an EU Citizen who is resident, comes to spain, if they want to become legally resident, they must start the application before their visa expires.   If they have not done that in time  they must leave spain and make a new visa application and then return to spain to start the application

This is incorrect information.

The proper information can be found on the EU's web page titled Registering your non-EU family members in another EU country at https://europa.eu/youreurope/citizens/r … dex_en.htm

It states:

After 3 months in your host country, your non-EU family members must register their residence with the relevant authorities (often the town hall or local police station).

To obtain a residence card, they will need:

*a valid passport
*your registration certificate as an EU national or any other proof of your residence in the country
*proof of the family relationship with you (such as a marriage or birth certificate)
*for (grand)children, proof they are under 21 or dependent on you
*for (grand)parents, proof that they are dependent on you
*for other family members, proof that they are dependent on you or there are serious health ground requiring you to take personal care of them
*for unmarried partners, proof of a long-term or durable relationship with you
No other documents may be requested

The web page also makes clear that if a person has an expired visa they will not be expelled during the residency registration process.

Thus, the original poster does not even need to get married; if she has proof of a long-term or durable relationship with her boyfriend, she can register him and he will get a residency card in Spain.

A visa grants entry into a nation, but the residency card is what allows people to remain there (and re-enter if they leave but have a valid residency permission).  For example, I entered Spain two years ago on a non-lucrative visa, but that visa runs out after 90 days; my residency card is what allows me (a non-EU citizen) to remain.

PapaLima wrote:

You need to consult with an attorney. That is simply all there is to it.  Your situation is difficult enough and rare, so the odds are very much against anyone on this forum being able to help.

The main thing you need, I would assume, is to be able to get married. If you can do that, then now your non-EU fiancee is a non-EU spouse, and his rights to live within the EU are much, much stronger.

So rather than worry about visas or residency, I believe your focus should be on figuring out how to get legally married without him leaving the EU, because that way he is already inside the EU and will not need another visa to get back in.

But again, you need a lawyer, not the uninformed opinions (including mine!) on this site. 

So for someone who wrote that you will not stop adding information. 
The OP has explained the Visa for her partner has run out. That alone is a reason for possible deportation.
However, you have said several times that they could get married even though there is no visa required. That maybe true, but they have to be married before the OP's partner can be allowed to stay in Spain. Until then there are no family links. what advice can you give them then?
Also I would like to say that if the person who has over stayed does not get arrested before or during the marriage, the registration of marriage could be linked back to the over stay and as a consequence they can be deported at any time.
Personal records are kept on file: I have a Spanish friend who was picked up about an event, that was over ten years previously. It was a mix up and in fact things had been settled, but after 10 years and the GC comes a knocking on your front door all comes as a bit of a shock.