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Dantrolene

Divorce vs annulment

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Filed: K-1 Visa Country: Wales
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You need a Lawyer, assume you will be screwed without one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If she takes you to court it will be up to the judge to decide what you will pay in child support. You will have a chance to plead your case if you attend.

 

Child support payment will make NO difference if you are divorced or annulled.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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9 hours ago, Dantrolene said:

With that being said, the judge can change the percentage of what I should pay if she demands more or something ? 

Really we're an immigration forum, not a divorce forum but we do have some knowledgeable people here.  I really suggest you get a lawyer that can help you out. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (apr) Country: Iran
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Usually there is a chart upon which child support is based. http://www.alllaw.com/calculators/childsupport/washington I didn't try the link but it seems on the surface about right. Unless there are very unusual circumstances the court will follow the guidelines. 

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Filed: Citizen (apr) Country: Brazil
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From an immigration perspective, you mentioned you have no joint assets or financial entanglements, so I'm hoping you weren't thinking about ROC on your own

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Filed: K-1 Visa Country: Philippines
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15 hours ago, Dantrolene said:

That's true that my issues are obviously child support and custody. I don't know what to do with that. She's great with the baby. I am not. Never dealt with kids before. She has one before from previous marriage.   

 

I won't ask for alimony because I told her in the beginning that I don't want any support from her and that her assets are her belongings no matter what happens.  

 

So I don't know what to do regarding child support ? I want to pay the least I can especially her income is far higher than mine. It won't be an issue for me if she wants the custody because she's really good with the baby.  

 

Thanks for your informative answers. 

Well..if your good with babies or not..you had one with her and will have to pay child support until the baby is at least 18, more then likely it will be a % of your income, probable around $400 a month. There is no getting out of child support, especially in the state of WA. 99% of the time the mother gets custody of the baby, this is another WA thing, so you don't need to worry about joint custody if you don't want that. It's unfortunate for the child to have a broken family but not all relationships work out. Good luck and be mentally ready for paying money to her for a long time, besides it's your obligation as a father.

Edited by javadown2

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10 minutes ago, javadown2 said:

Well..if your good with babies or not..you had one with her and will have to pay child support until the baby is at least 18, more then likely it will be a % of your income, probable around $400 a month. There is no getting out of child support, especially in the state of WA. 99% of the time the mother gets custody of the baby, this is another WA thing, so you don't need to worry about joint custody if you don't want that. It's unfortunate for the child to have a broken family but not all relationships work out. Good luck and be mentally ready for paying money to her for a long time, besides it's your obligation as a father.

If I moved to another state to live e.g. Chicago and my wife is in WA state...which state law will apply to me in terms of child support ?  

 

And what if she took a full custody, would it be more for me to pay as a child support than if she took just a partial custody or there is no difference ? 

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Filed: Other Country: Canada
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1 minute ago, Dantrolene said:

If I moved to another state to live e.g. Chicago and my wife is in WA state...which state law will apply to me in terms of child support ?  

 

And what if she took a full custody, would it be more for me to pay as a child support than if she took just a partial custody or there is no difference ? 

These are all questions for a qualified family lawyer.  But it usually goes by the guidelines of where the child lives.  

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Filed: K-1 Visa Country: Philippines
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3 minutes ago, Dantrolene said:

If I moved to another state to live e.g. Chicago and my wife is in WA state...which state law will apply to me in terms of child support ?  

 

And what if she took a full custody, would it be more for me to pay as a child support than if she took just a partial custody or there is no difference ? 

Just get a lawyer, because each case is different. It will be governed by the state of WA since this is where she resides. If you had 50/50 custody I believe you would pay less in child support, but honestly you need to see a lawyer, it's just what I've known from past friends who are living in WA and are paying child support. If you don't pay the state of WA gives her the money anyways and then will come after you for back payments of child support, so it's in your best interest to get a lawyer and stay current on your side of the agreement.

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I don't have enough money to get a lawyer honestly. There is nothing here but the child between us. I am going to pay child support but I am trying to protect myself and pay the least amount possible especially she makes higher income than me and she has her whole family here while I don't.  Wondering if she can play games to drain me so I pay her more than usual. That's why my thoughts I should finalize divorce before me working full time and make more money so won't be any taken advantage of me.

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Filed: AOS (apr) Country: Cyprus
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It is best to consult a divorce lawyer as each case and state is different and there are many variables involved.
There is no one size fits all answer. Make a well informed decision by going to a competent lawyer who will point things

out you have not even thought about and make your decision easier.
 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

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Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
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Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

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Filed: Other Country: Canada
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11 minutes ago, Dantrolene said:

I don't have enough money to get a lawyer honestly. There is nothing here but the child between us. I am going to pay child support but I am trying to protect myself and pay the least amount possible especially she makes higher income than me and she has her whole family here while I don't.  Wondering if she can play games to drain me so I pay her more than usual. That's why my thoughts I should finalize divorce before me working full time and make more money so won't be any taken advantage of me.

Sorry, but that's a horrible attitude.  Your concern should be about providing adequate support for your child.  Not what the child's mother can and can't support on her income.  It's about the child, not her

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59 minutes ago, Dantrolene said:

I am thinking of ROC first as I am very close and then proceed to divorce if she wants to. She mentioned it like everyday now.. But I put up with her at this moment.

This may be a challenge. You repeatedly noted not having any ties with her except one child...no commingling of finances, no commingling of accounts, a very strained relationship, etc. It's certainly possible to prove a bona fide relationship for the 2 years without that, but generally they want to see that type of evidence.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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