Wednesday, June 18, 2008

Religious Marriage not Registered with the City is not Valid in NY?

I have been asked a number of times whether a religious marriage that was not registered with the city is considered a valid marriage. This question comes up for inheritance and divorce reasons. The question also comes up in wrongful death cases - when one spouse wants to sue the person or organization that he or she believes to be responsible for the other spouse's death.

The law is that the state of New York does not recognize common law marriages. The case law, statutes, and treatises that I have researched seem to suggest that a religious marriage is not valid according to New York law without being registered with the city. I believe that to be the law - in the unlikely event that someone convinces me otherwise, I will change this post.

The moral of the story? If getting married by a religious ceremony (kesuban, hupah, etc.), make sure to register with the city - who knows what might happen later in life.

Monday, June 16, 2008

Foreign Workers: better to immigrate or to visit?

Many of those who want to work in the United States are faced with a dilemma - should I apply as an immigrant or as a visitor? Here is the breakdown:
The advantages of immigrating is that you get to stay in the country for the rest of your life; but the disadvantage is that because of numerical limitations, it is harder to immigrate then to visit.
Advantages of being a visitor: you get to the United States faster, and there is more of a change the USCIS will let you in. However, visitors are required to eventually go back to their home country.