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Merlyn Noure Hernandez

Merlyn Hernandez’s Answers

19 total


  • In California, how do I file asking for exclusive use and possession of the home?

    I have filed for divorce saying no spousal support and no court decisions on splitting property. My house is not community property. How can I file asking for exclusive use and possession of the home? The papers were served and and she did not con...

    Merlyn’s Answer

    You need to file a request for order and indicate the reasons why the court should give you exclusive use and possession of the home. It is unclear if you have filed for default. You should consult with an attorney as to the possible consequences of filing for this request.

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  • I sent my paper work for defferd action, but they sent back a notice of more evidence of 2010.

    All i have was this letter I received in January 2010. I can't find anything else. Would that single mail correspondence be enough. Please help

    Merlyn’s Answer

    There could be other documents to prove your presence in 2010 such as medical records, school records, etc. It is unclear as to what document you provided that was deemed insufficient. There are no appeals to a denial so you should seek legal advice in preparing the repos as to the RFE.

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  • Is it possible to apply for adjustment of status even its 3 years late?

    I came here in US as fiance visa and married before 90 days of arrival.However me and my husband never adjust my status. Is it possible for me to adjust it still?were still married

    Merlyn’s Answer

    Your facts indicate you complied with the 90-day requirement to marry your husband. You should seek legal advice for preparing all applications and providing the necessary supporting documents.

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  • Can my ex-spouse receive alimony if she was unemployed but has $30K in separate property.

    My ex-spouse and I make about the same amount of income ($4K each). However, she just became unemployed and now I am worried I have to pay spousal support when she received a substantial property settlement of $30K.

    Merlyn’s Answer

    I am assuming this is a post judgment request for spousal support. The length of the marriage, how long you have been living separate are some factors to consider. You would benefit from consulting with an attorney and running numbers and explaining your options.

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  • I had no money to pay for an attorney in filing for a divorce, so the attorney I met with suggested I take money from a home

    equity loan and deposit into a separate bank account but also make him my beneficiary. I did this and now it seems he may get into trouble. Why would this be a problem? I realize this was going to be a problem when he asked me to backtrack and ...

    Merlyn’s Answer

    I am not sure why the suggestion of "beneficiary" and this could be the problem. There isn't enough information as to whether the home Is community or separate property to further answer your question.

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  • Notice To Produce Documents in a divorce case

    A Notice To Produce Documents to my wife was requested: All records including but not limited to, transcripts, grade reports, degrees, memoranda, emails, correspondence or other documents and writings reflecting courses taken and studied ...

    Merlyn’s Answer

    It seems that your request is relevant to the issue of support and your wife's ability to earn wages. There are procedures to follow prior to filing the motion to compel it is unclear from the facts if you have completed them. You can retain limited scope representation/ consulting from family law attorneys to explain the requirements and/or help you with the motion to compel.

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  • I want divorce from my husband, i am staying away from him with my son for 6 months.

    I am from Nepal, I am living in VA for three years. Do i need to settle the property that I have in my country in here or i can go back and do that ? Will you also suggest how do i stat

    Merlyn’s Answer

    You can file for divorce here in the U.S. However you should seek legal advice on whether Nepal will recognize a US divorce decree dividing property located in Nepal.

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  • Can my wife stay in the US?

    Ask the Expert I am a US citizen living in the Philippines and have a six year old daughter who also is a US citizen born in the Philippines. My wife is not a US citizen but has a ten year tourist visa for the US and we have already been to th...

    Merlyn’s Answer

    You can file the petition for your wife in the U.S. However, you should seek legal advice on the procedure for applying, the timing, and to ensure that you meet the financial requirements to sponsor your wife.

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  • WHAT FORMS OR WHAT STEPS DOES A USA CITIZEN HAVE TO FOLLOW FOR THE PETITION OF HUSBAND AND DAUGHTER?

    MY SISTER IS A USA CITIZEN,NATURALIZED, AND SHE GOT MARRIED ON MEXICO AND HAD A KID THERE. SHE HAD BEEN LIVING ON MEXICO SINCE 5 YEARS AGO BUT NOW SHE WANTS TO COME BACK TO USA SO SHE WANTS TO SUBMIT A PETITION FOR HER HUSBAND AND DAUGHTER. ...

    Merlyn’s Answer

    She would need to file an I-130. You should seek legal advice on whether her daughter is a US citizen through her mom. This way her husband would be the only one need to become a lawful permanent resident.

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  • Do I have to Consent To Divorce

    My ex, a doctor, filed for legal seperation 2 years ago. He did not want a divorce. I, a stay at home mom who never worked outside of the house, decided to move out. Six months ago, he filed to change our status to divorce. At first I consent to i...

    Merlyn’s Answer

    In CA you do not need to consent to the divorce. I am not sure if you filed a response to the petition. You need to seek legal advice to protect your rights in the community property , spousal support and any other issues that are present. Seeking temporary orders is important if you do not have any income for now.

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