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Wismer

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  1. Wismer

    Mysterious loss of ID

    Hi. A few weeks back, I got a text from my former spouse, stating "BTW, I misplaced the passports" (and that I need to find a way to get her new signatures and information from me for all 4 children). In decades (literal), this person has never replaced a plane ticket nor important travel doc. It is being touted as a crisis as the X and the children are heading out of the country in a few months. This was far from an amicable and friendly divorce (I filed). Has anyone ever heard of using this tactic to simply antagonize, or perhaps to prep for some other legal agenda? Thx.
  2. Wismer

    Prenups

    Hi. I am working towards rebuilding my life with a wonderful person. I am digging out of bankruptcy and divorce. Typically prenups protect one person's assets from the other upon marriage. One particularly troubled person from my bankruptcy is extremely litigious. The person would probably have to sue again, however, is there any wording at all that exists for a prenup to protect one person's assets from PAST bullies? The concern is that my future wife assets would be fair game for anyone who learned we were married - and that is easy to learn. Thanks.
  3. Wismer

    RFE affidavit sample letter

    Thank you very much for the quick reply. The letter we received is requesting evidence of a Two Year Meeting Requirement. The letter says this is admissible evidence: Your own statement which must include the date, place, and circumstances of your meeting. If you submit a personal statement, it must be supported by additional evidence. We are including : 1) Copies of travel documents (itineraries, tickets, hotel accommodations, etc. 2) Affidavits of friends, neighbors, or other knowledgeable associates. All affidavits must be written statements sworn to or affirmed by two persons, other than yourself and the person you are petitioning, who were living at the time the event(s) occurred, and who have personal knowledge of the event you are trying to prove. This is for the I-129F fiance visa. ' 'We are looking for a sample of an affidavit to meet this requirement to make sure we submit this correctly. Thanks.
  4. Wismer

    RFE affidavit sample letter

    Hi. After waiting patiently for over 7 months to hear back on our I-129F application, we got what looks to me like a simple form letter "RFE" demanding even further definitive proof that we have been in a long term relationship (my fiancee got the letter, as she is the petitioner). Can anyone please help with a recommendation of an affidavit letter format so that we can get a couple who know us well to execute it and get that back to USCIS? If pictures and airline tickets and passport stamps et al are not enough, I am not certain what else may help. However, we are not giving up. We've known each other since grade school and have been given a chance for a new and happy life together. If there is any additional advice or suggestions on truly acceptable 'evidence', we would appreciate the knowledge. As an aside, we signed up for the email/text alerts on the USCIS site last fall, and are curious as to why we did not get an alert for this hurdle. Many thanks.
  5. Hi. On page 8 of the I-129F app, items 62a and 62b are confusing. The application is being sent to Dallas, and I understand that for Canadians, the Interview will happen in Montreal. We are not "applying" abroad. Does Montreal still need to be entered?
  6. Wismer

    HOA is a dictatorship

    I have read that annual elections are normal process/procedure for HOA's, i.e. it is to operate as a democracy. If the majority are not happy with the direction of the Board, change is and should be inevitable. However, recently one board member resigned due to inappropriate remarks, and the remaining board members simply appointed yet another friend. We captured a written statement from the new member "It was a mistake for me to accept to be on the board, and is a reminder of my reality, I am too busy and my family time comes first. With that being said I don’t know how much help I will be to you regarding the HOA, I will be stepping away from it as soon as reasonable.". We filed a petition asking for the removal of the board, and an election of a new one. The comments back is that the current HOA board and HOA management company do not need to hold an election. There are currently no bylaws for this HOA. Is there no state law/code to govern non-profit HOA's, appointment of board members, and to force elections? How do we force an election so we can end the dictatorship?
  7. Hi. Would anyone be able to please confirm where the I-129F completed form is to sent? I am assuming this form cannot be submitted online. Thank you.
  8. thank you. re: "You told us that one of the board members "was asked to resign," but simply being asked by some unknown person doesn't mean he actually has resigned or that he will resigned.". You are correct, we have no definitive proof that the board member actually resigned. We were only told the board member is "no longer on the board" by the president of the HOA. This is the same board that refuses to show the contract with the property management company - so we cannot assume anything, and further, the person that "is no longer on the board" was also the one that was given the task to respond to the HOA members who were asking for the property management contract, and who stated that the board would not provide the contract.
  9. Hi. Due to misconduct, a board member of our HOA was asked to resign. We are worried that the remaining 2 friends (board members) will simply appoint another friend to keep the HOA nightmare alive. How can we force an immediate election? There are no bylaws for the HOA. This would be opportunistic if we could force an immediate election and motion that at least 5 board members be elected. The non profit corp needed 3 board members. Now that there are only 2, can the corp still be a legal entity? Could that be enough to force an election? Thanks.
  10. Hi. Per a previous post I learned that State code 30-30-1102 gives homeowners in an HOA the right to view financials (accounting). The HOA contracted a property management company without the consent of the HOA members, and fees skyrocketed. When asked for the contract between the HOA and the property management firm, the firm states to ask the board. The board then responds with "we don't have to show you the contract". There are no bylaws in place. How can we get our hands on the contract? Is there no other way than to take one or both to court? Thank you.
  11. Hi. I just also heard from a contact with some USA/CDN legal experience that I wanted to share. (doucar seems absolutely correct) "I don’t believe your X can go after your future spouse for anything, particularly with respect to child support. The only time I can think of where we look at the household income for child support, and not just your income alone, is if you are trying to argue you can’t afford to pay child support, but say your new spouse makes a ton of money. The Court might say you personally don’t make much gross income, but because you married someone rich, you can afford to pay over and above what a straight look at the Guideline charts would say. But that would be on the basis of you saying you couldn’t afford to pay child support. The other time it is sometimes examined is in the case of shared custody – the law says we typically do an offset of support when you have 40% or more time with the children. So if you had week on/week off parenting rotation, and you were supposed to pay your X $1000.00, and she was supposed to pay you $1,500.00, the offset would have her paying you $500.00 per month. That is the standard but the Supreme Court says you don’t HAVE to do the offset, and sometimes it doesn’t make financial sense to do so – and again, then they might look at household income. But the standard for 90% of child support cases is each party’s gross income."
  12. Hi. Does anyone have any advice/experience on whether a Canadian based x-wife (formally and officially divorce) can make a claim on an x-husband's (i.e. "me") new American based fiance, for child support? While I am in the process of becoming an american citizen so that I can live and work in the USA, I have heard that it is very easy for an x-spouse to try to gain access to my new fiance's income and assets - regardless of whether we are married or not. Is there any way to protect against malicious actions, over and above the support agreement already in place, until I get financially stable and can start the fight on getting my children with me in the USA? Many thanks.
  13. Thank you. An interesting crossroads - spend money litigating - or spend that money and move to a place with no HOA.
  14. Hi. We are in an HOA run by bullies. The HOA has no money, but a lawyer has been acting on behalf of the current board and HOA. There has been sufficient evidence that an individual (who is neither an officer nor director of the HOA) is funding the legal effort so the current board with his friends can maintain control. The board will not produce the contract with the property management company they hired without approval. The property management company will not product the agreement with the landscape company - that they subcontract. This lack of transparency is absolutely unnerving. Question: Can an HOA property owner ask to see / have the right to see, a legal contract (retainer agreement) that is being promoted as "representing the HOA"? I realize that attorney-client privilege would take precedence, but does it not matter when a lawyer / law firm is acting on behalf of an entire association? It also appears that the HOA board and property management company are letting the legal costs come in, with the intention of recouping the fees back from the home owners, and I expect in turn to pay the individual financier back. The HOA board is looking to convince people to re-write the CC&R's to remove requirements for quorum and HOA member debate, questioning and voting on any and all issues (fee increases, etc). The board is selling this as making themselves more efficient and effective with decisions.
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