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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 108630
Experience:  7+ years of experience handling various legal matters.
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Follow up questions: #1: isnt it the law that the minister

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Follow up questions: #1: isn't it the law that the minister must report a marriage to the appropriate agency when a marriage takes place? #2: we actually just obtained a back dated "divorce certificate" from the imam. Will Homeland accept this? or it must be coming from a NY court? This law is very shady in NY. I read that this type of marriage is voidable in NY unless it can be proven that it was performed by someone who is registered in NY to perform marriges. #3 How would USCIS prove it if we don't give them any details? we only told them so far it was in NY by an imam, no other details. thanks
#1 Well, you would have to find evidence that the marriage must be reported to NY authorities in order for it to be valid. It seems that USCIS has determined that NY recognizes it without the imam having to have reported it. So that would be one argument that you could make when responding to the RFE. But you have to find the law that supports it. You would need to perhaps post in the Family Law section on Just Answer and ask for a New York specific attorney.

#2 I doubt that they would accept this. You can try as a backup argument to #1, but I do not think it will work. That it be voidable helps, but I believe immigration will just say that even if you voided it, it would be now and would not date back to when you married your current spouse. Again, you can try and make the argument because you do have to respond to the notice of intent to deny.

#3 Unfortunately, they don't have to prove anything. Your spouse is asking for the benefit. The burden of proof rests on her. I know that you think to yourself that if she had just not said anything, you would have your approval and you might be correct, but that is very dangerous. Imagine if years later she has U.S. Citizenship, a full life in the U.S., then someone who doesn't like her, wants revenge against her for something, or maybe doesn't like you and wants revenge against you and knows about this issue or discovers it and they report it to immigration, she could lose everything.

Fortunately, you have the way to solve this, it is just very inconvenient. Of course, don't give up and try these arguments to fight the notice of intent to deny, but if it doesn't work out, you still have the fall-back solution.

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. And don't forget that bonuses are always appreciated! Thank you.
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