I agree with Mr. Gould Saltman. File your case in California. California is a "no fault" state, meaning that it doesn't matter what the reason for the divorce is; there is no fault assigned to either party. You may have some of your attorney fees paid, but you will have to pay your attorney first and hope to get reimbursed from your husband through the court.
You should seek an in-depth consultation with a lawyer however as there is a lot going on in your case that cannot be addressed...
Definitely speak to an attorney because you have a few options to discuss: 245(i); continuing with the I-130 and consular processing; the new stateside waiver process; and if you qualify, deferred action has its advantages as well.
Best of luck,
-Sanjay Paul, Esq.
You may be eligible for Deferred Action. I handle cases of this type in Southern California and will be glad to speak with you. You can reach me at the information located below.
Best of luck,
Sanjay Paul, Esq.
You are not eligible to file for a Divorce yet because you have not been a resident 6 months; however you are eligible to file for Legal Separation in California. Once you reach your 6 month residency, you can then amend your petition to that of a dissolution. The advantage of filing for legal separation first is that you will still get the relief you would seek in a divorce (spousal support; child support, property division, etc).
Best of luck!
-Sanjay A. Paul
File a Request for Order with the court. It might be helpful to also propound Form Interrogatories on her. Also, you may want to look at your ex-wife's Income and Expense declaration that the original support was based on to see what her expenses were. Sometimes when a spouse shows more expenses than income, the judge will impute the expenses as her or her income. So you want to make sure that her "exaggerated expenses" weren't already accounted for in the original support order.
And if you'...
There are two things your wife should resolve asap in my opinion:
1) Identification from Mexican consulate: She should request an appointment with the Mexican consulate in LA and be persistent about explaining her situation to obtain a Mexican Passport and/or Matricula Consular. I've had clients who had a lack of documentation and the consulate was hesitant to issue them a passport, but through in-person meetings and persistence they were able to obtain one.
2) Speak to a lawyer about the...