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  1. #1
    Join Date
    Jan 2011
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    2

    Default Religious Marriage and Filing in New York State

    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

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Religious Marriage and Filing in New York State

    You need to get a lawyer and not a law student. What the IRS considers to be marriage isn't necessarily aligned with CIS or even NY.

    NY is however one state that will let you get married again (same couple) and record it, so a quick "confirming" civil ceremony might do the trick.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Religious Marriage and Filing in New York State

    Quote Quoting flyingron
    View Post
    You need to get a lawyer and not a law student. What the IRS considers to be marriage isn't necessarily aligned with CIS or even NY.

    NY is however one state that will let you get married again (same couple) and record it, so a quick "confirming" civil ceremony might do the trick.
    Thank you for your speedy reply. We decided to do a civil marriage just to make sure seeing as NY is a state where you can marry the same person again and again.
    When we file do I use the date of the religious ceremony or the civil ceremony?
    Wouldnt it look strange that we filed taxes as a married couple in 2010 and at the state/federal level , our marriage was considered valid?

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