Andrea W. Kelly's Answers

Andrea W. Kelly
Arlington Family Law Attorney.
Contributor Level 14

2

Attorney answers:

  1. Andrea W. Kelly
  2. Thomas Esparza Jr.

Im a u.s citizen merried with my wife for 10 years,and can i cancel my wife g.c. here in states.?

Asked by a user in Ohio - over 1 year ago.

While you cannot "cancel" her green card, you can report to USCIS if you believe your marriage was entered into fraudulently. But a 10-year marriage typically would not be found to be fraudulent. If you decide to divorce, chances are that your wife would still be eligible to remain in the US.

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Attorney answers:

  1. Andrea W. Kelly
  2. Isaul Verdin
  3. Thomas Esparza Jr.

Dear sir, after approval i130 and i pay 500 dollar fees how much time is left

Asked by a user in Dallas, TX - over 1 year ago.

It sounds like you have paid the immigrant visa processing fee to the National Visa Center. The next step will be to prepare and submit your immigrant visa application, as well as your affidavit of support. Processing time will depend on how long it takes you to properly prepare the forms, as well as the required supporting documentation. Other than that, it will be up to the US consulate in Pakistan to schedule your interview at the first available opportunity. I highly recommend hiring an...

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Attorney answers:

  1. Andrea W. Kelly

My ex illegally put someone else on my sons birth certificate (she admitted it in court).can i do anything without a lawyer

Asked by a user in Fort Worth, TX - over 1 year ago.

If you have already filed a suit to establish the parent-child relationship and your wife has refused to submit the child for DNA testing, you should file a motion for enforcement and possible contempt against your wife. You may even have seek possible crimminal charges against her for making fraudulent representations to a government agency. Either way, it sounds like you need a lawyer on your side. Let me know if I can help.

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Attorney answers:

  1. Andrea W. Kelly
  2. Cynthia Russell Henley

Wil I be arrested at the DPS?

Asked by a user in Arlington, TX - over 1 year ago.

Texas DPS has access to the same databases as the jails. Apparently OKlahoma has opted not to extradite you to face your outstanding criminal charge. But be aware that that decision can change.

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Attorney answers:

  1. Andrea W. Kelly
  2. David Alexander Browde

My boyfriend is married in mexico but we plan to marry. i know he has to get a divorce but how do we go about it

Asked by a user in Midland, TX - about 1 year ago.

As long as your boyfriend has lived in the state of Texas for the past 180 days and in his current county of residence for 90 days, he can file for divorce here. He will have to prove that he has either served his wife with notice, or that he has made reasonable attempts to do so. I recommend hiring an experienced family law attorney to assist. But rest assured that it can be done.

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Attorney answers:

  1. Andrea W. Kelly
  2. Kelly Kathleen Erickson

Is my house completely free from my separated wife at time of divorce?

Asked by a user in Austin, TX - about 1 year ago.

While chances are that your wife will not try to claim an ownership interest in your new house, you should be aware that any property purchased "during the marriage" is community property under Texas law. The best course of action would be to get your wife's signature on your agreed decree before you close on the deal.

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Attorney answers:

  1. Teri A. Walter
  2. Paul Dennis Key
  3. John Walter Robinson
  4. Andrea W. Kelly

Can a store file a civil suit for damages when the merchandise shoplifted was approximately 50 cents?

Asked by a user in Dallas, TX - over 1 year ago.

You should immediately hire an attorney to communicate with Claire's legal department on your behalf, as anything you communicate with them could be brought up in a lawsuit. Let me know if I can help.

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Attorney answers:

  1. Andrea W. Kelly

Petition to Modify the Medical Support in the Parent-Child Relationship.

Asked by a user in Dallas, TX - over 1 year ago.

The court that issued the original order maintains jurisdiction over that order, unless one of you files a motion to transfers venue to the place where the child is currently living. Let me know if I can help.

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Attorney answers:

  1. Andrea W. Kelly
  2. Isaul Verdin

How long i can stay out side of the usa in total before i get my passport i am a green card holder.

Asked by a user in Denton, TX - over 1 year ago.

It sounds like you are maintaining your lawful permanent resident status despite your extensive periods of absence from the US. You will need to prove that you have been physically in the US for at least half of the 5 years immediately preceding your application for citizenship in order to qualify. You should avoid any absences of 6 months or more.

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Attorney answers:

  1. Andrea W. Kelly
  2. Eric B. Dick

Custody Questions

Asked by a user in Laguna Vista, TX - over 1 year ago.

You will need to hire an experienced family lawyer in California to file the proper motions with the same court that issued the original order. You will have to present evidence from the counselor, as well as other evidence re" the changed circumstances of your son, to the court and ask the court to issue an order allowing you to relocate your son to Texas. Good Luck

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