Called off the wedding

[jkb919 0]

Hello,

I used to be an active member on this site but have not been on in a while due to certian situations.

Well here is my story my ex-fiance entered the US May 18th about a week after he was here i realized I didnt want to marry him (for certian reasons) and I called off the wedding. He is still in the US and as I understand it on a K1 visa he is only legal for 90 days unless we got married, so as of Augest 18th he will be illegal if he stays here....I have bought his plane ticket back to his home country but he has been talking to alot of people and they are feeding his head with all kinds of crazy stuff...they are trying to talk him into staying here illegally...I am asking for any suggestiong on this matter: My question is what is my responsibility to him if he stays illegally??? I called USCIS and they said that I need to write the embassy in his home country and notify them (which I have done that already).

Also the main issue that I am having a problem with is that he has been talking to some lawyer at a church that said he would handle his case for him for free and that he could take me to court??? (is that possible)the lawyer said he heard of a case where a female was arrested for not going through with the marriage and also another case where the female had to pay the immigrant $50,000......HAS ANYONE HEARD OF SUCH A THING? IS THIS POSSIBLE???? I am really concerned and would like any thoughts on this.

Sorry I didnt know where to post this!!

Joanna

[desert_fox 32]

Hello,

I used to be an active member on this site but have not been on in a while due to certian situations.

Well here is my story my ex-fiance entered the US May 18th about a week after he was here i realized I didnt want to marry him (for certian reasons) and I called off the wedding. He is still in the US and as I understand it on a K1 visa he is only legal for 90 days unless we got married, so as of Augest 18th he will be illegal if he stays here....I have bought his plane ticket back to his home country but he has been talking to alot of people and they are feeding his head with all kinds of crazy stuff...they are trying to talk him into staying here illegally...I am asking for any suggestiong on this matter: My question is what is my responsibility to him if he stays illegally??? I called USCIS and they said that I need to write the embassy in his home country and notify them (which I have done that already).

Also the main issue that I am having a problem with is that he has been talking to some lawyer at a church that said he would handle his case for him for free and that he could take me to court??? (is that possible)the lawyer said he heard of a case where a female was arrested for not going through with the marriage and also another case where the female had to pay the immigrant $50,000......HAS ANYONE HEARD OF SUCH A THING? IS THIS POSSIBLE???? I am really concerned and would like any thoughts on this.

Sorry I didnt know where to post this!!

Joanna

Not going thru with a wedding is not agaist the law. Its a voluntary act. You are under no obligation to get married.

Pay 50,000??? where is he damaged? Did you sign some kind of contract???

but...you will be unable to get him to leave if he doesnt want to....

[Yodrak 7]

Joanna,

Have a consultation with an immigration attorney yourself if you're concerned.

Case-specific details can affect outcomes. Your case may or may not resemble these hearsay cases.

Yodrak

Hello,

I used to be an active member on this site but have not been on in a while due to certian situations.

Well here is my story my ex-fiance entered the US May 18th about a week after he was here i realized I didnt want to marry him (for certian reasons) and I called off the wedding. He is still in the US and as I understand it on a K1 visa he is only legal for 90 days unless we got married, so as of Augest 18th he will be illegal if he stays here....I have bought his plane ticket back to his home country but he has been talking to alot of people and they are feeding his head with all kinds of crazy stuff...they are trying to talk him into staying here illegally...I am asking for any suggestiong on this matter: My question is what is my responsibility to him if he stays illegally??? I called USCIS and they said that I need to write the embassy in his home country and notify them (which I have done that already).

Also the main issue that I am having a problem with is that he has been talking to some lawyer at a church that said he would handle his case for him for free and that he could take me to court??? (is that possible)the lawyer said he heard of a case where a female was arrested for not going through with the marriage and also another case where the female had to pay the immigrant $50,000......HAS ANYONE HEARD OF SUCH A THING? IS THIS POSSIBLE???? I am really concerned and would like any thoughts on this.

Sorry I didnt know where to post this!!

Joanna

Edited July 20, 2006 by Yodrak

[PlatyPius 5]

Pay 50,000??? where is he damaged? Did you sign some kind of contract???

Where is he damaged? Well, if I backed out on Sian after she got here, she would have sold her house and quit her job, where she has a time investment. Since hers' is the least expensive house in her neighbourhood (around £185,000), she wouldn't be able to return to that neighbourhood. She would have lost the fees paid to the realtor, would lose her "first-time buyer" incentive, and would have lost all of the things from her house that she gave away before moving (dishwasher, washer & dryer, computer, stereo, DVD player, TV, etc.) She would have lost the level of vacation time she had obtained at her work, as well as possibly her pay scale. Then there's the cost of moving her things here, the plane ticket, potential money lost from converting then re-converting, and probably a whole lot of things I'm forgetting.

So, while I think it highly unlikely that he could successfully sue her, it isn't outside the realm of possibility. I doubt that they signed a contract, however I would think that K1 paperwork would stand up in a court as proof that a marriage was intended.

Just feel like being devil's advocate today, sorry.

Edited July 20, 2006 by Cian

[JenT 0]

Sorry this has happened to you, Joanna.

There's not much you can do, besided contacting immigration. He's a big boy... set your boundaries and stick to them.... Probably wouldn't hurt to get the advice of an attorney, though, for your own peace of mind.

Jen

[Ban Hammer 13,481]

along with all of that, she should start documenting everything. it might be of use later if things do go sour in a hurry.

[desert_fox 32]

Pay 50,000??? where is he damaged? Did you sign some kind of contract???

Where is he damaged? Well, if I backed out on Sian after she got here, she would have sold her house and quit her job, where she has a time investment. Since hers' is the least expensive house in her neighbourhood (around £185,000), she wouldn't be able to return to that neighbourhood. She would have lost the fees paid to the realtor, would lose her "first-time buyer" incentive, and would have lost all of the things from her house that she gave away before moving (dishwasher, washer & dryer, computer, stereo, DVD player, TV, etc.) She would have lost the level of vacation time she had obtained at her work, as well as possibly her pay scale. Then there's the cost of moving her things here, the plane ticket, potential money lost from converting then re-converting, and probably a whole lot of things I'm forgetting.

So, while I think it highly unlikely that he could successfully sue her, it isn't outside the realm of possibility. I doubt that they signed a contract, however I would think that K1 paperwork would stand up in a court as proof that a marriage was intended.

Just feel like being devil's advocate today, sorry.

That may be a possible cause for action...I dont know. Depends on who back out and who lost money based upon verbal promises of the other party. Doubt that it would get very far in any US court.

[Minfay 0]

along with all of that, she should start documenting everything. it might be of use later if things do go sour

I am a HUGE proponent of documenting everything. Make sure you do this!!

[Fandango 1,440]

Pay 50,000??? where is he damaged? Did you sign some kind of contract???

Where is he damaged? Well, if I backed out on Sian after she got here, she would have sold her house and quit her job, where she has a time investment. Since hers' is the least expensive house in her neighbourhood (around £185,000), she wouldn't be able to return to that neighbourhood. She would have lost the fees paid to the realtor, would lose her "first-time buyer" incentive, and would have lost all of the things from her house that she gave away before moving (dishwasher, washer & dryer, computer, stereo, DVD player, TV, etc.) She would have lost the level of vacation time she had obtained at her work, as well as possibly her pay scale. Then there's the cost of moving her things here, the plane ticket, potential money lost from converting then re-converting, and probably a whole lot of things I'm forgetting.

So, while I think it highly unlikely that he could successfully sue her, it isn't outside the realm of possibility. I doubt that they signed a contract, however I would think that K1 paperwork would stand up in a court as proof that a marriage was intended.

Just feel like being devil's advocate today, sorry.

That may be a possible cause for action...I dont know. Depends on who back out and who lost money based upon verbal promises of the other party. Doubt that it would get very far in any US court.

It's not verbal, tho, is it?

Letter of intent springs to mind....

[pnd629 0]

I don't think he can sue you, but he may find a lawyer that will try.

You should get an attorney--one that is familiar with immigration law.

[dmartmar 1]

Also the main issue that I am having a problem with is that he has been talking to some lawyer at a church that said he would handle his case for him for free and that he could take me to court??? (is that possible)the lawyer said he heard of a case where a female was arrested for not going through with the marriage and also another case where the female had to pay the immigrant $50,000......HAS ANYONE HEARD OF SUCH A THING? IS THIS POSSIBLE???? I am really concerned and would like any thoughts on this.

Yes, he can.

Ever heard of false domestic abuse charges? How 'bout the VAW Act?

Get both an immigration and a family law atty.

[Marc and Olga 0]

Also the main issue that I am having a problem with is that he has been talking to some lawyer at a church that said he would handle his case for him for free and that he could take me to court??? (is that possible)the lawyer said he heard of a case where a female was arrested for not going through with the marriage and also another case where the female had to pay the immigrant $50,000......HAS ANYONE HEARD OF SUCH A THING? IS THIS POSSIBLE???? I am really concerned and would like any thoughts on this.

Yes, he can.

Ever heard of false domestic abuse charges? How 'bout the VAW Act?

Get both an immigration and a family law atty.

Interesting that you mention the "Violence Against Women Act, does it work for men as well?

[MPGGPM 0]

Also the main issue that I am having a problem with is that he has been talking to some lawyer at a church that said he would handle his case for him for free and that he could take me to court??? (is that possible)the lawyer said he heard of a case where a female was arrested for not going through with the marriage and also another case where the female had to pay the immigrant $50,000......HAS ANYONE HEARD OF SUCH A THING? IS THIS POSSIBLE???? I am really concerned and would like any thoughts on this.

At first , I wouldn`t think such a thing would happen, but then......you start thinking about what a ``sue happy``country this is...where people try to sue for such inane things as spilling a cup of hot coffee on themselves (McDonalds), and then you realize and come to the conclusion that in this country...anything is possible. So, who knows? He just might try. You know him better than the rest of us , obviously.

As others have suggested, if you`re nervous about it, and feel like the threat is genuine, consult an attorney. Looking through the phone book you should find several that give free initial consultations, some even by phone. You could try that.

I still would find t hard to believe he could win anything. Nothing was written and promised. And if...say, like the one good example above that described how much someone might give up to come here to the USA on a k-1 to get married, I would still feel there is a good argument the other way around. Meaning, you could say that the other person coming to the USA and giving up their property, job etc....has just as much responsibility in the decision making to be absolutely sure before they came to the USA and gave up so much , to get to know their spouse well, and not make such a rash decision before they decide to give up their life abroad. It might be argued that the other person was reckless in their decision making and bear just as much responsibility for their losses, etc.....if the marriage never happens.

Seems like the responsibility would be 50-50 to me....and I don`t see how one person could just blame the other as being solely responsible etc.

But ...who knows. Anything is possible. So.........speaking to a lawyer to be absolutely sure, would probably be your best bet.

[Dr_LHA 3]

...where people try to sue for such inane things as spilling a cup of hot coffee on themselves (McDonalds)

Do me a favor: Before you use that lawsuit as an example of "inane" suing again, please read this webpage:

http://lawandhelp.com/q298-2.htm

[cmartyn 0]

Hmmm.. Dont come to my house the coffe is like 200 degrees. If you dump one all over yourself. Ill have to kill you.