Hello,
I have a similar problem. this started after the migration from sharepoint 2010 to 2013 too. the problem is when trying to merge multiple forms using the merge button in sharepoint. i have infopath installed so after clicking on the button, infopath is launched.
Infopath tries to open and merge the forms but an error results. The error is "the form is not valid". when you click see details, the following text is displayed:
"This form contains invalid XML.
XML document must have a top level element.
Line 0, Position 0
^"
I have found a work around. this is to download all of the forms to be merged to a local copy (using sharepoint explorer). then use the merge functionality within infopath to merge the documents. This works. but it involves a few extra steps and is not as neat as the orignal functionality.
would be interested to know if you have resolved the issue. Also interested to know if you have found any other work arounds.
Many thanks
Nick