How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo J. Senmartin, Esq. Your Own...

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 95998
Experience:  7+ years of experience handling various legal matters.
9200179
Type Your Legal Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

For an immigration lawyer: (or maybe for a divorce lawyer) Im

Resolved Question:

For an immigration lawyer: (or maybe for a divorce lawyer)
I'm a citizen. My wife was under removal proceedings when i met her. We got married 18 months ago and filed I-130 etc for her greencard. She is pregnant now with my baby. We went thru a Stokes interview, when it was over the officer said she didn't hear any discrepancy. Now we received a letter from them: intent to deny I-130. Reason: on the I-130 we put down NO PRIOR marriages for my wife. This is what the extended marriage certificate shows. But during the Stokes my wife stated that she had a religious muslim marriage a long time ago in New York but she never considered this as a legal marriage. They were married with no marriage license, and never received a marriage certificate and they never signed a marriage contract. So no legal document exists. She always reported her taxes as a single. The minister was an islamic imam registered in NY to perform marriages. The imam never reported this marriage to any state agency. My wife was catholic at the time of the "wedding", the guys is muslim. They just did this to be able to have intimacy bcos he is muslim. They also had a religious divorce after 2 years, meaning they just told the imam that they are divorcing and the iman said ok, now you are divorced. No legal document shows any divorce, no divorce certificate. Maybe this is the problem bcos Homeland is asking for a divorce document. I just found out this type of a marriage is actually accepted in NY. (NY Domestic Relations article 3 #25). Can a Federal agency like Homeland accept her prior "marriage" as legal? Can they really deny our I-130? what should we do? how do we fight this? thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


Unfortunately, if NY gives the marriage validity, then USCIS will view the marriage as valid. So I do have some bad news for you. Unless you can show a divorce dated before you married her, your marriage to her is void. So she will need to get a divorce from that previous marriage, then marry you over again, then you can file a new I-130. I know it is a pain and it is very inconvenient, but they have to go by what the law dictates even though they probably believe that your current relationship is real. They just can't give you an approval because under the law, the marriage is void. I am truly sorry.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 95998
Experience: 7+ years of experience handling various legal matters.
Guillermo J. Senmartin, Esq. and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Lawyer
95998 Satisfied Customers
7+ years of experience handling various legal matters.