Interim Decision #2475 

MATTER OF LI GANOZA 

In Visa Petition Proceedings 

A-21773131 

Decided by Board March 2, 1976 

Since Mexican divorce decrees are not recognized in the State of New York unless the 

petitioning spouse has appeared in person and the answering spouse in person or by 

attorney, and petitioner, a resident of New York, has stated under oath that he 

personally appeared in court in Mexico and initiated divorce proceedings against his 

first wife, the case, on appeal in visa petition proceedings, is remanded so that petitioner may offer additional corroborative evidence to establish compliance with the 

personal appearance requirement; so that the Mexican decree may be incorporated into 

the record file; and so that ,all letters which pertain to this case may be located and 

similarly incorporated, a new de-eision thereafter to be entered by the district director 

and appropriately served on interested parties. 

ON BEHALF OF PETITIONER: 

Stephen Singer, Esquire 

Barst & Mukamal. 

127 John Street 

New York, New York 10038 

ON BEHALF OF SERVICE: 

George Indelicato 

Appellate Trial Attorney 

The United States citizen petitioner applied for immediate relative 

status for the beneficiary as his spouse under section 201(b) of the 

Immigration and Nationality Act. In a decision dated September 9, 

1975, the district director denied the petition. The petitioner has appealed. The record will be remanded to the district director. 

The petitioner, a New York resident, has filed a visa petition on 

behalf of his second wife. The issue on appeal is whether the petitioner's 

Mexican divorce from his first wife was validly obtained. 

In New York, Mexican decrees are not recognized unless the petitioning spouse has appeared in person and the answering spouse in person 

or by attorney. Rosenstiel v. Rosenstiel, 262 N.Y.S.2d 86, 209 N.E.2d 

709 (1965). 

The petitioner has stated under oath that he personally appeared in 

the Second Civil Court of Chihuahua, Mexico and initiated divorce 

proceedings on January 25, 1966. We have concluded that additional 

corroborative evidence is required, however, to establish compliance 

with the personal appearance requirement of Rosenstiel. 

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Interim Decision #2475 

We shall remand the record so that (1) the petitioner may offer such 

evidence and (2) the Mexican decree which the petitioner apparently 

submitted to the district director may be incorporated into the record 

file and (3) all letters which pertain to this case may be located and 

similarly incorporated. 

We note in passing that the answering spouse's appearance in this 

divorce action satisfies the Rosenstiel requirement. The record contains 

a power of attorney executed by the spouse approximately eighteen 

months after the final judgement of divorce was rendered in Mexico. 

She thereby authorized a Mexican attorney, Amadeo Saroldi, to make a 

belated appearance for her in the Chihuahua action and to state that she 

"agrees expressly with said judgement and that she waives her right of 

appeal of said judgement." 

Mr. Saroldi duly made the appearance and on August 25, 1967, the 

Mexican court appended to its January 28, 1966 judgement a decision 

accepting the defendant's appearance and submission. 

In a parallel factual situation, the New York Court of Appeals held 

that although the plantiff's Mexican divorce judgement was defective 

under New York law when rendered, it qualified for recognition as of 

the date of the defendant's submission to the Court and her consent to 

the decree. Ramm v. Ramm, 522 N.Y.S.2d 726, 271 N.E.2d 558 (1971). 

See also, Hytell v. Hytell, 2M N.Y.S.2d 851 (Sup. Ut., Special Term) 

(1964). 

We shall remand the record for the reasons indicated. Before returning the record to the Board, the district director should enter a new 

decision, stating his reasons, and make appropriate service on the 

interested parties in accordance with Matter of To, 14 I. & N. Dec. 679 

(BIA 1974). 

ORDER: The record is remanded. 

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