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Questions Answered by Sunjae Lee
1 Answer | Asked in Bankruptcy for New York on
Q: I need help filing for bankruptcy, chapter 7
Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

See a bankruptcy attorney to check eligibility. (This is a Q&A forum)

1 Answer | Asked in Immigration Law for New York on
Q: can I use my mother income for AO's

I am US citizen and I applied for petition for my husband and I do not have a great income can I use my mother's income for AOS?How would the procudure would be?

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

The big picture would be that you are bringing in an immigrant husband, and your mother is swearing that she will financially sponsor him so that he will not become a public charge. It would be done by I-864A, but consult with an attorney for details.

1 Answer | Asked in Immigration Law for New York on
Q: Can I marry a Filipino in the Philippines then bring them here with a visitor visa while we apply for a change status?

I am looking for the best and fastest way to bring them here legally.

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Getting a nonimmigrant visitor visa with an immigrant intent to adjust status after entry into US, is not legal.

Consider consular processing or K visa.

1 Answer | Asked in Immigration Law for New York on
Q: Women here 8 years from Georgia on a visitor visa which expired years ago. She has a Georgia passport.

She would like to return to visit family and then come back to the US.

What does she need to do?

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Based on just "entered US on visitor visa 8 years ago, which already expired," she would be subject to 10 year bar when she leaves US, so she will need a waiver of that bar, but there is nothing that can be done unless there is more to the story.

1 Answer | Asked in Immigration Law for New York on
Q: Just want to known if person has approved petition and pending further processing for greencard ,can she come to u.s

Under tourist visa since she came here before i procesd her petition.is she will be allow to enter?

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Approved I-130 petition only means that the beneficiary could apply for a green card. With just an approved petition, when she will get a green card is unknown, and if she really will get a green card is also unknown.

She could visit and leave if she can get a nonimmigrant visa in the mean time.

1 Answer | Asked in Immigration Law for New York on
Q: Been outside US for 11 months due to sudden death of my father Will i be able to get US citizenship in 5 years time?

I became a US permanent resident in Apr 2014. I had to go back to my native country due to sudden death of my father, thereafter, I had to take care of my mom and sister. Came back after 11 months outside US. I am curious about whether I’ll still be able to get citizenship in five years time.

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Your 11-month trip may not have broken the required continuous residence, if you can provide proper evidence.

Assuming that you also met all the other requirements, you could be eligible for naturalization in the 5 years' time.

1 Answer | Asked in Divorce for New York on
Q: My wife left 6 yrs ago she closed her 401k and bought a house out of state without me knowing

Does she have any right to my 401k. Also I have given her 10,000 buying her out of my townhouse that is is my name is have paperwork to prove all stated what are my rights now

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Without a divorce decree or at least a separation agreement, she is still your spouse and she is technically eligible to make claims for your assets. (Which means you could also technically claim rights to her out-of-state house). I recommend consulting with a lawyer and also getting a divorce.

1 Answer | Asked in Divorce for New York on
Q: What recourse do I have when I do not want a divorce?

My husband and I have been together for 7 years and married for 3. we have no children. He left our home 2 months ago to live with another woman. Since he has left he has been in the home with me telling me he loves me and wants to come back. He may not live full time in our home but he works... Read more »

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

One cannot stop the other from pursuing a divorce.

As a homemaker with no employment, living in brother's house, you could get some alimony.

But alimony amount is determined by many factors such as husband's income, duration of marriage, health, education, financial...
Read more »

1 Answer | Asked in Divorce for New York on
Q: My wife and I have been married for for 6years now she file for divorce she has a house before we get married and a good

My wife and I have been married for 6years now she file for divorce she has a house before we get married and a good job do i get anything from the house or divorce

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

If she owned the house before the marriage, then it is a separate property (hers alone), generally not subject to equitable distribution.

As for maintenance, many factors (income difference, duration of marriage, current lifestyle, health, age, etc.) will be considered, but my guess is that...
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1 Answer | Asked in Divorce for New York on
Q: my husband mailed uncontested divorce how can he stop it
Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

"Mailing a divorce" does not make sense, and I'm guessing that your husband mailed you the summons with notice. If he wants to stop the divorce that he already started, he can just discontinue the divorce action by filing such stipulation. Or he could do nothing, and wait for the... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Divorce and Custody

My son's wife filed for divorce after beeing married 10 ears and 2 children. They both went through Family court and went through all kinds of scrutiny by the Family Court for about six months. Finally, the Family Court decided to transfer the case to the Westchester, NY Supreme Court because... Read more »

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Custody issues are very important, since it is not just about the grown ups but also the child, who does not get a say and will have the decisions made for him/her. Thus such decisions cannot be so easily or quickly made, and it could take some time.

I cannot say what is normal for a...
Read more »

1 Answer | Asked in Divorce and Immigration Law for New York on
Q: How would divorce impact immigration status and application for citizenship?

Me and my husband are planning to file divorce after I have successfully renewed for a 10-year green card after 2-year conditional green card. We are currently filing petition for the 10-year green card (still married). How would this divorce impact my immigration status and when I apply for... Read more »

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Even if conditional green card holder and the US citizen spouse were to divorce before removing the conditions, so long as the marriage can be proven to be in good faith, conditions can still be removed by the divorced green card holder. Thereafter, the permanent resident can also apply for... Read more »

1 Answer | Asked in Divorce for New York on
Q: I have been in Divorce proceeding for 8 years I have been transferred from judge to judge probably about 6 at least in

In 2012 after a trial I was awarded support and martial home and my husband was awarded our other home he had paid me nothing and is in contempt I was forced to sell martial home we were each given $300,000 as I needed it to get a home the rest had been held in escrow for 2 1/2 years we went... Read more »

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

If you are looking for ways to shorten the general wait time, there really isn't much that can be done to expedite that process you described in your question.

1 Answer | Asked in Divorce for New York on
Q: I need a uncontested divorce. Dose anyone no any cheap lawyers in lockport ny
Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Uncontested divorce means that agreements are in place for all divorce matters (dividing marital property, any maintenance or child support, etc.). One could start with contested divorce, but settle along the way, and end up as uncontested divorce; and one could start "uncontested" but... Read more »

1 Answer | Asked in Divorce for New York on
Q: Married in NYC 25 years but filed in Staten Island can atty rep me in NYC court? Venue was changed from SI to NY.

Atty does not show interest in going to represent me in NY and has no interest in continuing with my case. Does she have the responsibility of showing up to court or did she know that she couldn't represent me in NYC. Both of us were married and lived in NYC but I could not afford an atty in... Read more »

Sunjae Lee
Sunjae Lee answered on Nov 11, 2016

Generally, any New York-licensed attorney can represent a client in any New York courts.

Also, people can choose to start the divorce in any consented county (that is, you can get your divorce from Richmond County although you were married and living in New York County).

Your...
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