help! ny marriage record amendment problem

Share information about your experiences with the citizenship department of a particular Italian (or other) embassy or consulate.

Moderator: Daniel

Postby hellosquire » Sat Aug 04, 2007 2:47 pm

Get a court order. I had to do it. I had to practically shove it down their throats at the Albany Office; they almost refused to certify the documents I needed and I told them they'd be in contempt of court.

Your lawyer needs to initiate an Article 78 proceeding in the Supreme Court of the State of New York to compel the court to have them apply the amendments. It can be done, don't give up, they can't refuse a court order. Albany is up its own *** frankly. I had just as much difficulty with them until I produced the court order.
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a possible solution

Postby rinaldo48 » Tue Aug 14, 2007 1:14 pm

I've been trying to get in touch with the lady who I dealt with at my meeting at the consulate back in June but she is on vacation right now. However, I have learned that in new york state it is legal to apply for a second marriage license. In this case, my parents can go down to the marriage office where they applied for their first marriage license and get a second marriage license. this time my father would of course put down his birth given name on the license taking away from the initial problem. they would then have to get married by a local official and have a marriage certificate issued. would the consulate have any problems with the second marriage certificate?
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Postby peggymckee » Tue Aug 14, 2007 1:54 pm

Hi Ron,

Having your parents get re-married seems rather drastic--and who knows what unintended legal problems that might create. And until you check with the Consulate, you do not know that they would accept it. They might accept it but then say that you were illegitimate since your were born before your parents' (second) marriage to each other.

If it were me, I would go back to the Consulate with various affidavits--one from Dad, one from Mom, one from another relative, about the name and see if they will accept them. Who knows, maybe you will deal with someone else at the Consulate and the someone else will
see no problem.

If the Consulate turns down the affidavits, then I would go to Court.

Good Luck, Peg
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Postby rinaldo48 » Fri Aug 17, 2007 6:45 pm

could any one recommend a lawyer who has dealt with issuing article 78s before. I'm currently in the process of trying to find a lawyer who could help me amend the marriage certificate. ridiculous that it has to come to this but there is nothing else I can do..
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