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Arizona Questions & Answers
2 Answers | Asked in Immigration Law for Arizona on
Q: CR-1 Visa - Additional Evidence

My wife just had her interview at the US embassy London. The officer asked her to submit additional documents such as photos together, chat history, financials together, and my traveling history to busy my wife. ( initially we didn’t upload those documents) The officer did retain the passport and... View More

Elias  Mendoza
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answered on Jun 21, 2024

It’s not uncommon for consular officers to request additional evidence during a CR-1 visa interview. The fact that the officer retained your wife’s passport and wedding photos suggests that the application is still under review and not necessarily refused. The “refused” status on your case... View More

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2 Answers | Asked in Immigration Law for Arizona on
Q: CR-1 Visa - Additional Evidence

My wife just had her interview at the US embassy London. The officer asked her to submit additional documents such as photos together, chat history, financials together, and my traveling history to busy my wife. ( initially we didn’t upload those documents) The officer did retain the passport and... View More

James L. Arrasmith
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answered on Jun 14, 2024

It is common for immigration officers to request additional evidence during a CR-1 visa interview to verify the authenticity of the relationship. This can include photos, chat history, financial documents, and travel history. The fact that the officer kept the passport and wedding photos indicates... View More

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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

James L. Arrasmith
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answered on Jun 14, 2024

Based on the information you provided, it seems unlikely that you would be at risk due to your ex-husband's Chapter 7 bankruptcy, especially given the following factors:

1. Quit claim deed: If you and your ex-husband properly executed a quit claim deed transferring his interest in the...
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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

The reach-back by Bankruptcy law for "fraudulent conveyances" (transfers of assets for less than fair market value) is two years. I'm in PA, and the PA state law for like transfers is four years (which a bankruptcy trustee is entitled to use).

Your question seems to hinge on...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Is it legal for a receptionist to discuss your balance due loudly for others to hear?

I went to my appointment and went to check in. She asked name and then said are you aware of the balance you owe. I said yes. She said a balance of 200+ loudly and asked if I was going to pay. I said not right now but in a few days. I don’t think that is legal and if it is , well it feels like it... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

This is no different than a cashier at a fast food restaurant, grocery store, or retail store telling you the the total amount owed for a purchase. No reasonable person overhearing the conversation would consider it defamatory or really think anything much about it. Her telling you your balance... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: My Arizona HOA says I can't have a Presidential political sign up in my yard right now. I'm looking at ARS 33-1808 (C)

They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?

James L. Arrasmith
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answered on Jun 10, 2024

Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More

1 Answer | Asked in Probate for Arizona on
Q: What form do I fill out and submit to court for removal and replacement of trustee
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 10, 2024

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee...
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1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: Would I have grounds to sue Maricopa county for financial compensation

On April 30th I was pulled over for speeding and informed that I had an outstanding warrant out of the state of Idaho and that the issuing county planned to come and get me. So I was taken into custody by MCSO booked into the jail. On May 13th I waived my right to contest extradition giving the... View More

James L. Arrasmith
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answered on Jun 3, 2024

You have grounds to sue Maricopa County for financial compensation due to wrongful imprisonment and the significant losses you suffered as a result. Being held for two extra weeks after the charges were dropped caused you severe personal and financial harm, including eviction, repossession of your... View More

1 Answer | Asked in Car Accidents and Personal Injury for Arizona on
Q: Hello My stepson got in an accident when I was in mexico i didnt give him permission to drive the car now Im responsible

He is 18, the police did not give him a ticket for no license and they did not want to change the police report

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. You have probably been in touch with your insurance carrier. If the accident involved damages or injuries to another vehicle and its occupants, your carrier should be placed on notice of the accident. That would... View More

2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More

Elias  Mendoza
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answered on Jun 6, 2024

Navigating the complexities of Italian nationality law and the nuances of such affidavits can be challenging. It’s advisable to coordinate these legal matters with an attorney licensed to practice law in Italy. An Italian attorney will be well-versed in the specific requirements and procedures... View More

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2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More

James L. Arrasmith
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answered on May 31, 2024

To file a One And The Same Person Affidavit for your Italian nationality application, you need to clearly establish the connection between the different names used by your ancestor. Start by gathering all relevant documents that show the use of both last names, such as birth certificates, marriage... View More

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1 Answer | Asked in Contracts, Business Formation and Business Law for Arizona on
Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be... View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: My son was born in a different state. What are the steps for filing for "Joint Custody"?
Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

The first is to determine what state has jurisdiction.

For that we first look to what state is the home state. The home state is either

(1) the state your son was born in, if it's the only state he has ever lived in;

OR

(2) the state where he most recently...
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1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can...
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1 Answer | Asked in Family Law for Arizona on
Q: Is it legal for a mother to keep children from the father for no reason?

No custody order or protections order

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

Your question gets into some legal complexities, but the short answer is that it is not illegal. I'm going to presume they are not married. If they are married, this question has a different answer.

Under Arizona's custodial interference statute, when a child is born out of...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: In Arizona is it legal to use a blood sample drawn 2 1/2 hours after being stopped?

The law in Arizona says it is Mandated that a blood draw must be taken 2 hours or less after being stopped or it is not admissible in court.

How can they attempt to use a retrograde extrapulation against you when the law states that is not admissible if taken after 2 hours?

The... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 22, 2024

Generally, the law does not require blood to be drawn within 2 hours. I think you are confused with particular alcohol-related DUI charges, which require the State to prove alcohol concentration within two hours. As a result, officers are supposed to draw blood within 2 hours of driving or actual... View More

3 Answers | Asked in Bankruptcy for Arizona on
Q: After a bankruptcy that was discharged in 2010 can Bank of America still try to collect on a HELOC that has a lien for

49k and I was told they wrote off the debt in 2017?

James L. Arrasmith
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answered on May 21, 2024

If your bankruptcy was discharged in 2010 and included the Bank of America HELOC (Home Equity Line of Credit), the debt should have been discharged as part of the bankruptcy proceedings. Once a debt is discharged through bankruptcy, creditors are no longer allowed to attempt to collect on that... View More

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3 Answers | Asked in Bankruptcy for Arizona on
Q: After a bankruptcy that was discharged in 2010 can Bank of America still try to collect on a HELOC that has a lien for

49k and I was told they wrote off the debt in 2017?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 21, 2024

A properly recorded lien is not discharged by a bankruptcy proceeding, whether a Ch.7 or Ch. 13 (there may be a way in a Ch.13 if there is no equity for the HELOC to attach, but that will be litigated).

Likewise, a creditor's "charge off" of any loan balance is in *internal*...
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1 Answer | Asked in Tax Law, Banking, Business Formation and Business Law for Arizona on
Q: We run a business overseas and want to create a LLC in order to use US Credit cards while paying no taxes in the US

We run a business in Cyprus ( oversea). Can we create an entity in the US(LLC) in order to use this entity to sign up for an American Express Business Platinum Account. Since I am already an amex user in the US, I can transfer my credit history to my business account.

Our business is doing... View More

James L. Arrasmith
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answered on May 14, 2024

As a foreign business, it's important to carefully consider the legal and financial implications of setting up a US entity solely for the purpose of obtaining credit cards, especially if the intent is to avoid taxation. This could potentially be viewed as tax evasion by US authorities.... View More

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