Statute of Limitations

The plaintiff former husband brought this state-court action action against his first wife seeking damages for her alleged false statements to the Citizenship and Immigration Service. The former husband blamed those statements for the Service’s conclusion that the the couple had not established a life together as husband and wife. The plaintiff also sought a judicial declaration that the requisite relationship had, in fact, existed.

In his August 28, 2013 decision in Kenan v. Campuzano (2013 N.Y. Misc. LEXIS 3929 | 2013 NY Slip Op 32056(U), New York County Supreme Court Justice Arthur F. Engoron dismissed the action.

The plaintiff met his first wife face-to-face in 2006 when he came to New York shortly after finding her on JDate. They married four months later. Two months after that, the wife filed a petition to sponsor her new husband for US citizenship with the US Citizenship and Immigration Services (“USCIS”). The couple divorced a year later. At the same time the wife withdrew her petition to sponsor her husband for US citizenship.

Just 3 or 4 months after that, in January or February 2008, the husband married another woman. The second marriage, too, came to an end within a relatively short period of time. However, before it had ended, the second wife, too, petitioned for her new husband’s US citizenship. That petition was denied in part upon USCIS’s determination that the first marriage was “for the sole purpose of evading immigration laws and obtaining an immigration benefit.”

The now twice-divorced husband brought this action to redress the alleged false statements made by his first wife to the USCIS. he also sought a declaratory judgment that the parties had “established a life together under the meaning of the law.”

The first wife moved to dismiss the complaint. Justice Engoron granted that motion.


Continue Reading State Court Rejects Action to Declare for Immigration Purposes the Bona Fides of Former Marriage