My question involves marriage law for the State of: NY
I was married to my husband in 2009 in an Islamic ceremony. We have an Islamic Marriage Certificate.
We were able to file taxes with me being his spouse in 2010 after being audited by the IRS. They accepted the copy of our Islamic Ceremony as proof of our marriage.
IN NYS failure to obtain a marriage license does not void a marriage and our marriage is considered legal.
I overstayed my visa thus I am out of status.
We were on the brink of filing our I-485/I-130 packet when we were told by a legal student that we would have to marry with a license in order for our marriage to be valid.
Now I am confused.
I dont want USCIS to deny my application because we didnt get a license first so should I a) Get married again WITH a license even though the IRS have accepted our marriage on a federal level or b) Just file with an explanation of the law related to our type of marriage in NYS?
Please help! Thanks