Advice needed

[AllieG 0]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

[English Muffin 59]

Moving from UK forum to K1 forum.

[payxibka 10,045]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

bills in your name? No

joint bank account? No

can he sue you? he can always try....

[JimVaPhuong 4,863]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

No, you don't need bills or a joint bank account. That sort of stuff is useful when you apply for your permanent green card to show that the marriage is legitimate.

Your fiance can sue you for anything he wants. That's the way it works in this country. Winning a lawsuit, on the other hand, is a different story. He's not "buying" a spouse, and marriage doesn't come with any guarantees or warranties. Lawsuits are expensive, and people don't sue unless they think they have a strong chance of winning, and I think his chances would be close to zero.

[Marina-Del 10]

But if you are asking because there is a possibility that you will break up with him, then are you sure you should be getting married in the first place??? This process is very stressful and even some very strong relationships (or at least they thought they were strong) have been weeded out by this process. If you are already doubting, I wouldnt waste my money on the visa.

[Jauque 1]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

No the bills and joint bank accoutn comes later when you're married and need to prove that you are living as a married couple.

Did you sign a contract promising to marry him? Did you ask him to get a lawyer rather than put the time and effort into filing the papers yourself? Is your name on the house or mortgage? I don't think I've ever heard of someone being sued for breaking up with their fiance... that would be crazy imagine what the world would come to if you could sue someone for breaking up with you... the human race would die out because nobody would be getting into relationships for fear of legal repricussions.

[Boiler 45,531]

But if you are asking because there is a possibility that you will break up with him, then are you sure you should be getting married in the first place??? This process is very stressful and even some very strong relationships (or at least they thought they were strong) have been weeded out by this process. If you are already doubting, I wouldnt waste my money on the visa.

My thoughts entirely.

You used to be able to sue in the UK for Breach of Marriage Contract.

[borednad2 0]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

oh my...with those questions?i dnt think ur relationship will goin to work..though that wasnt the answer to ur question hehhehehe...

[brlukath 1]

I won't question why you have this question (though I am dying to know, and I hesitate to answer as a petitioning SO). The answer is simple, there is no modern US jurisdiction that I know of that will permit a person to sue for breach of a contract connected to a promise relating to marriage UNLESS that promise is in writing (i.e. is a written contract). Do a search of the statute of frauds.

I can't speak of the law of England and Wales or any other UK jurisdiction (i.e. Scotland and Northern Ireland, which have their own law), but US law is inspired by UK law, so it may be similar.

Upshot: unless you have a pre-nup type agreement that says you will reimburse your SO for any expenses connected with obtaining a visa on your behalf, the SO will be out of luck if things don't work out.

THAT BEING SAID (well, written): I would have SERIOUS reservations if my SO attempted to enter into any such agreement and, as an immigration officer or other consular official looking at this case at any point in history, I would seriously pause to reflect on the validity of any relationship that had such a provision in a pre-nup.

Of course, I would feel the same way if I learned my SO had asked this question on the forum. (And, I would really think the petitioner had been duped if I were the immigration officer.)

[Nik+Heather 121]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

The K1 fiance visa is NOT a "getting to know you" visa. It is meant for serious couples who are already engaged and sure they want to marry.

If you want an extended visit with your boyfriend, then you should come on the Visa Waiver Program. Nik was easily able to come for nearly 90 days and stay with me before we got engaged (he ONLY had a return ticket and NO proof of employment/residence/need to return to the UK + Obviously foot tapping girlfriend).

I believe that the K1 process is fairly evenly split between petitioner/beneficiary costs, $455 for the petition, and $441 for medical exam/visa/courier fees for the visa application itself. Up until that point you're even, and he'll just have to assume that he's hosting you. If he wants to pay a lawyer because he's unable to read directions and fill in forms, then that's his money to spend and shouldn't have any bearing on you.

Good luck and happy dating!

[AllieG 0]

I meant to say I live in England and we have now split up. For lots of reasons but I wanted to end it because of how badly he treated me.

He had asked me to ask a friend of his who is a lawyer about getting an immigration lawyer. We didn't sign anything for the immigration lawyer except the forms for the K1 visa. The lawyer did say that we could get married but not tell immigration. I am glad I didn't go down that route.

I never put my name to anything except to email people but the forms were all signed by him. I never put my name to the house and we certainly never had a prenup saying I would give him the money.

He did tell me he would sue me for breach of promise and now says he wants all the money he paid even though there was nothing to say I would do that. He claims he is suing me becasue Heather Mills sued Paul McCartney and we went onto a website and had a virtual wedding and now he thinks that it is legal even though it isn't.

I am just scared he can sue me and I know if he could he would. I know is isn't the first time he has threatened me with the police and the law but this terrifies me. I know now he doesn't love me and while I always guessed it this has just proved it.

[JimVaPhuong 4,863]

I meant to say I live in England and we have now split up. For lots of reasons but I wanted to end it because of how badly he treated me.

He had asked me to ask a friend of his who is a lawyer about getting an immigration lawyer. We didn't sign anything for the immigration lawyer except the forms for the K1 visa. The lawyer did say that we could get married but not tell immigration. I am glad I didn't go down that route.

I never put my name to anything except to email people but the forms were all signed by him. I never put my name to the house and we certainly never had a prenup saying I would give him the money.

He did tell me he would sue me for breach of promise and now says he wants all the money he paid even though there was nothing to say I would do that. He claims he is suing me becasue Heather Mills sued Paul McCartney and we went onto a website and had a virtual wedding and now he thinks that it is legal even though it isn't.

I am just scared he can sue me and I know if he could he would. I know is isn't the first time he has threatened me with the police and the law but this terrifies me. I know now he doesn't love me and while I always guessed it this has just proved it.

He probably didn't sign ALL the forms. You would have had to sign your G-325A and letter of intent. He can't sign those for you.

I don't see how you could be held responsible for any of the money he spent, since he spent it of his own volition without any guarantee of refund. He think he's out of luck on that one.

I don't know the law in the UK, so I don't know about the breach of promise. I suppose it's possible the letter of intent could be construed as a promise to marry, since USCIS considers it to be so. You'd probably need to ask an attorney about that.

[LIFE'SJOURNEY 970]

I meant to say I live in England and we have now split up. For lots of reasons but I wanted to end it because of how badly he treated me.

He had asked me to ask a friend of his who is a lawyer about getting an immigration lawyer. We didn't sign anything for the immigration lawyer except the forms for the K1 visa. The lawyer did say that we could get married but not tell immigration. I am glad I didn't go down that route.

I never put my name to anything except to email people but the forms were all signed by him. I never put my name to the house and we certainly never had a prenup saying I would give him the money.

He did tell me he would sue me for breach of promise and now says he wants all the money he paid even though there was nothing to say I would do that. He claims he is suing me becasue Heather Mills sued Paul McCartney and we went onto a website and had a virtual wedding and now he thinks that it is legal even though it isn't.

I am just scared he can sue me and I know if he could he would. I know is isn't the first time he has threatened me with the police and the law but this terrifies me. I know now he doesn't love me and while I always guessed it this has just proved it.

This is a joke right? Is this a Troll?

[Nik+Heather 121]

As far as I know, suing someone for breach of contract for breaking off an engagement won't hold water. People do it all the time (break engagements, not sue). The marriage is the contract. If he could hold not entering into a contract over your head, I'd say that was coercion. If he's given you a ring or something and you broke it off, maybe you should give it back - not for legal reasons, just plain right to do in my mind, but otherwise, I don't think you owe him anything.

Besides, in what court is he going to take this? Which one has jurisdiction over both of you? Paying however much in attorney fees just to get back some of the petition cost just isn't economically wise.

Sounds like this guy doesn't fight fair, and you're better off knowing now when you can still walk away. Sorry things didn't work out.

Edited June 21, 2009 by Nik+Heather

[Gary and Alla 3,694]

Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).

No. you do not need bills or anything else in your name, joint name or ohterwise to receive a finacee visa.

In America anyone can sue anyone for anything. And there is always a lawyer nearby who will do so for a fee, never fear! All the lawyers are HERE!

The odds are pretty slim of that. Besides, if he spent money on a lawyer to do the finacee petition, you could easily prove that was his dumb mistake, why should you pay for it?