You need to inquire in your native country. NY does not have common law marriage, so you have to be legally married where you were married.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
Check Spanish law. Not every country prides itself on paper. Your marriage may be fully legal and your only source of information is you country of marriage.
You would need to make inquiry of a Spanish Family Law attorney. Do a search in the internet for such a lawyer in the Gran Canaria area.
* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.