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Questions Answered by Ashley Negrette
1 Answer | Asked in Immigration Law for California on
Q: If I have a case open for almost 3 years and the person working in my case don't shows me result what can I do
Ashley Negrette
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Ashley Negrette
answered on Oct 5, 2017

Thank you for your question. Here is my response:

You should always understand what is going on in your immigration case. If you don't, you need to call your attorney and get more information. Some immigration cases can take a long time due to visa backlogs or court backlogs. Without...
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1 Answer | Asked in Family Law and Immigration Law for California on
Q: Does a foreign child that came to the USA on a visiting visa need to be here less than a year, to apply for SIJ status?

A foreign child now 17 came here because his mother sent him away and I was wondering if he is still eligible.

Ashley Negrette
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Ashley Negrette
answered on Oct 5, 2017

Thank you for your question. Here is my response:

The foreign child needs to get an order from a state law Judge which contains specific findings of abandonment, neglect or abuse by the natural parents (either the biological father or biological mother or both). These findings must be...
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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Can my wife that I am separated from leave my son with her parents and instruct them to not give him to me in California

She is going to AT for the Army Reserve and I live in Tennessee. I have asked to keep my son here with me in Tennessee while she is gone but she did not want to mess up his routine with daycare. I am really nervous about my son bouncing around from one relative to the next while she is gone and I... Read more »

Ashley Negrette
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Ashley Negrette
answered on Jul 12, 2017

You should contact an attorney in Tennessee. Take a copy of your custody agreement or other proof of agreement with your ex. Please also note that there are special considerations for individuals in the military.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My boyfriend was married before and the marriage wasn't recognized. Can he marry again without first divorcing?

The marriage was conducted in Seychelles and has not been officially recognized in any other country. My boyfriend holds Brazilian citizenship and his ex is Australian. Is there any obstacles to him marrying again without first recognizing the marriage and divorcing outside of Seychelles? Neither... Read more »

Ashley Negrette
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Ashley Negrette
answered on Jun 13, 2017

Hello! I'm curious as to why the marriage was not officially recognized in any other country. If the marriage was not valid pursuant to the laws in Seychelles (ie. it was not done properly), then it may not be a valid marriage and he will be free to remarry. The risk here, is if the marriage... Read more »

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2 Answers | Asked in Divorce for California on
Q: Living apart, before DOS, my 52 y/o wife took a $15k early distribution from her IRA without telling me.

I told her she had paid a penalty for do so before 59½. To save her that again, since I was over 59½, I offered to lend her $40k ($20k + $20k; secured by two, separate Promissory Notes) from my IRA, as advances on her ½ share of our home when we sold it (we were waiting for the market to... Read more »

Ashley Negrette
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Ashley Negrette
answered on Jun 13, 2017

Hi there. This sounds like a very fact-intensive question. You should hire an attorney to help you with this process because you have a lot at stake. An attorney will review the language in the promissory note as well as the money earned that contributed to the IRA. You should also have the... Read more »

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2 Answers | Asked in Divorce for California on
Q: Just want get information if a foreigner can file divorce in califonia,my friend husband from iran married with malaysia

wife,but him got working visa in califonia and him want divorce with him wife di califonia,is it possible?

Ashley Negrette
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Ashley Negrette
answered on Jun 12, 2017

Possibly. He should contact an attorney for more help. If he is living in California he will be able to file for divorce, but serving his with the papers will be the problem since she is in Malaysia. Is the wife willing to get a divorce? If so, the process will be much smoother.

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2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Can my ex take me for court for not paying tutor fees that she incurred without my consent?

Our final divorce papers do not indicate that educational expenses are to be an expense that my ex and I are to share. I told her I did not approve of the tutoring expense and she went ahead with it anyways. I want the best for my daughter and have been helping her, along with my family, on her... Read more »

Ashley Negrette
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Ashley Negrette
answered on Jun 7, 2017

I agree with my colleague. If the expenses were not listed in a parenting plan or some type of judgment from the court then she cannot require you to pay them unless the judge orders it. This means that she will have to go to court to ask for this type of modification, at which time you will be... Read more »

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1 Answer | Asked in Divorce for California on
Q: If I petition for divorce and respondent does not respond & defaults w/ an agreement. Does he pay fee to court?
Ashley Negrette
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Ashley Negrette
answered on Jun 5, 2017

Respondent only pays the court fee if he wants to appear in the case. If 30 days has passed since he was served with the petition for dissolution then you will be the one who will file the default documents as well as a copy of the agreement. Go here for more information:... Read more »

1 Answer | Asked in Divorce for California on
Q: My dissolution of marriage says pending from 2012. I've been in Texas since 2013. How do I finalize divorce.
Ashley Negrette
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Ashley Negrette
answered on Jun 5, 2017

I'm not clear as to where you filed for divorce originally, California or Texas? If you filed in California, I may be able to help you. Please contact me so we can talk about this over the phone: (619) 356-1448.

3 Answers | Asked in Divorce for California on
Q: If your marriage is only one year old is it a divorce or annullment
Ashley Negrette
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Ashley Negrette
answered on Jun 5, 2017

It is very rare that anyone can get an annulment these days. That's not to say it is impossible, but to be sure you should meet with a divorce attorney.

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3 Answers | Asked in Divorce for California on
Q: Both I and my husband are 53. We are talking divorce. Here is the situation

We own a house which can be sold for $900,000

We have 2 kids, one is 21 going to medical school next year; one is 12

My husband stopped working 6 years ago, doing trading option at home

I make $51,500/year supporting all the needs and doing all the chores

According... Read more »

Ashley Negrette
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Ashley Negrette
answered on Jun 5, 2017

Typically, both spouses are required to disclose assets and sources of income. If your husband is refusing to disclose the information I strongly recommend you contact an attorney for help. Based in the information you provided, I cannot tell you who will have to pay alimony or an exact amount... Read more »

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