Facts
[A.] (born 1981, Kosovar national) and [B.] (born 1952) married in Kosovo in 2004. In 2009, [B.] initiated divorce proceedings in Kosovo, which were finalized in 2010. In September 2010, [A.] gave birth to a son, whom [B.] acknowledged in October 2010. In 2011, the Migration Office revoked [A.] 's residence permit, citing that the two had entered into a sham marriage.
In 2012, [A.] and [B.] requested the Winterthur Civil Registry Office to conduct the preparatory procedure for a new marriage. However, the Civil Registry Office refused to participate in the marriage procedure, as it suspected a sham marriage. The appeals filed against this decision were dismissed.
Considerations
The Federal Supreme Court upheld the Civil Registry Office's refusal to perform the marriage. It concluded that the established indicia - such as the striking timeline, the mutual lack of knowledge about important areas of life, the significant age difference, and the refusal to clarify the paternity of the child - suggest that the marriage is intended…