Withdrawing a petition & can he sue???
#46
Forum Regular
Thread Starter
Joined: Oct 2003
Posts: 90
Re: Withdrawing a petition & can he sue???
thats cool - I have no problem with it...It was my mistake
#47
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Posts: n/a
Re: Withdrawing a petition & can he sue???
Krissy----not sure of the state law in California, but some states that
issue what we in the US call "professional licenses" (such as doctor,
lawyer, dentist) have State Boards where complaints can be filed for
malpractice.
Some states *may* allow complaints for reporting the threats he has made
against you. States will yank professional licenses also for such
matters as not paying child support or non-payment (default) on federal
guaranteed student loans.
You may want to have your firm's atty. contact the Dental licensing
board in California (usually these places are located in the State
capitals, I think Calif's is in Sacramento) to see where you stand.
Good luck, my dear, you are in my thoughts.
Re: Withdrawing a petition & can he sue???
Group: alt.visa.us.marriage-based Date: Sun, Nov 30, 2003, 11:21pm
(EST+5) From: member16453@british_expats.com (krissyv)
For those that are curious - I met him in the SF in a bar (ok sounds
silly now) we dated for a few months then moved in together for three
months before I had to come home to get admitted to the bar here.
He came down twice for a few months here and proposed....
I'm pretty sure he can't do anything to me in terms of suing but just in
case I'm going to get the cash put it on TD and then if things gets
really messy & not in my favour, I'll settle, allowing for my costs...
He's from California so i'm not sure about the law there - I've heard so
many different opinions already.
His mum is a lawyer so another lawyer from my firm will contact her this
week and explain our position in terms of jurisdiction & breach of
contract. I'm sure since he's a dentist & I now how prrof of his
cheating and drug use that she wouldn't want to push this into a court
of law...keep in mind he's got his reputation to consider here
Krissy
--
Posted via http://britishexpats.com
issue what we in the US call "professional licenses" (such as doctor,
lawyer, dentist) have State Boards where complaints can be filed for
malpractice.
Some states *may* allow complaints for reporting the threats he has made
against you. States will yank professional licenses also for such
matters as not paying child support or non-payment (default) on federal
guaranteed student loans.
You may want to have your firm's atty. contact the Dental licensing
board in California (usually these places are located in the State
capitals, I think Calif's is in Sacramento) to see where you stand.
Good luck, my dear, you are in my thoughts.
Re: Withdrawing a petition & can he sue???
Group: alt.visa.us.marriage-based Date: Sun, Nov 30, 2003, 11:21pm
(EST+5) From: member16453@british_expats.com (krissyv)
For those that are curious - I met him in the SF in a bar (ok sounds
silly now) we dated for a few months then moved in together for three
months before I had to come home to get admitted to the bar here.
He came down twice for a few months here and proposed....
I'm pretty sure he can't do anything to me in terms of suing but just in
case I'm going to get the cash put it on TD and then if things gets
really messy & not in my favour, I'll settle, allowing for my costs...
He's from California so i'm not sure about the law there - I've heard so
many different opinions already.
His mum is a lawyer so another lawyer from my firm will contact her this
week and explain our position in terms of jurisdiction & breach of
contract. I'm sure since he's a dentist & I now how prrof of his
cheating and drug use that she wouldn't want to push this into a court
of law...keep in mind he's got his reputation to consider here
Krissy
--
Posted via http://britishexpats.com
#48
Guest
Posts: n/a
Re: Withdrawing a petition & can he sue???
Krissy, just thought of something----most police depts have web pages,
if you know where his local PD is, you may be able to email them to ask
about the restraining order.
Re: Withdrawing a petition & can he sue???
Group: alt.visa.us.marriage-based Date: Mon, Dec 1, 2003, 2:56am (EST+5)
From: member16453@british_expats.com (krissyv)
Yep - its defiantely on my turf now & he should know not to try and
screw a lawyer - especially when its a lawyer scorned!!!!
Just heard back from the US consulate here - they are very sympathetic
to my story and assure me that if the petition comes here it will be
ignored & gave me advice that he can not have me barred but suggest for
future travel that I bring docs with me to show that i intend to return.
I can't get a restraining order unless I'm up there & the threats are
real & immediate....but I do feel better that at least the consulate is
aware of the situation...
Kris
--
Posted via http://britishexpats.com
if you know where his local PD is, you may be able to email them to ask
about the restraining order.
Re: Withdrawing a petition & can he sue???
Group: alt.visa.us.marriage-based Date: Mon, Dec 1, 2003, 2:56am (EST+5)
From: member16453@british_expats.com (krissyv)
Yep - its defiantely on my turf now & he should know not to try and
screw a lawyer - especially when its a lawyer scorned!!!!
Just heard back from the US consulate here - they are very sympathetic
to my story and assure me that if the petition comes here it will be
ignored & gave me advice that he can not have me barred but suggest for
future travel that I bring docs with me to show that i intend to return.
I can't get a restraining order unless I'm up there & the threats are
real & immediate....but I do feel better that at least the consulate is
aware of the situation...
Kris
--
Posted via http://britishexpats.com
#49
Guest
Posts: n/a
Re: Withdrawing a petition & can he sue???
krissyv wrote:
>
> His mum is a lawyer so another lawyer from my firm will contact her this
> week and explain our position in terms of jurisdiction & breach of
> contract. I'm sure since he's a dentist & I now how prrof of his
> cheating and drug use that she wouldn't want to push this into a court
> of law...keep in mind he's got his reputation to consider here
If there is drug use involved, I would hope that it does get reported.
This man could be a danger to his patients...
And... since I live in the SJ area, I might know some of them..
>
> His mum is a lawyer so another lawyer from my firm will contact her this
> week and explain our position in terms of jurisdiction & breach of
> contract. I'm sure since he's a dentist & I now how prrof of his
> cheating and drug use that she wouldn't want to push this into a court
> of law...keep in mind he's got his reputation to consider here
If there is drug use involved, I would hope that it does get reported.
This man could be a danger to his patients...
And... since I live in the SJ area, I might know some of them..
#50
Guest
Posts: n/a
Re: Withdrawing a petition & can he sue???
krissyv wrote:
> His mum is a lawyer so another lawyer from my firm will contact her
> this week and explain our position in terms of jurisdiction & breach
> of contract. I'm sure since he's a dentist & I now how prrof of his
> cheating and drug use that she wouldn't want to push this into a court
> of law...keep in mind he's got his reputation to consider here
What kind of reputation do you think a dirtbag like that has?
--
If you can smile when things go wrong, you have someone in mind to blame.
> His mum is a lawyer so another lawyer from my firm will contact her
> this week and explain our position in terms of jurisdiction & breach
> of contract. I'm sure since he's a dentist & I now how prrof of his
> cheating and drug use that she wouldn't want to push this into a court
> of law...keep in mind he's got his reputation to consider here
What kind of reputation do you think a dirtbag like that has?
--
If you can smile when things go wrong, you have someone in mind to blame.
#51
Guest
Posts: n/a
Re: Withdrawing a petition & can he sue???
In article <[email protected]>, krissyv <member16453@
british_expats.com> writes
>No I'm not going to keep the ring, I'm going to sell it and recoup
>the costs from my trip ($3500.00) plus other costs I have incurred
>because of him.
Even at peak rates over Xmas, Air New Zealand, United, American and
Qantas have flights available for under US$1600 in cattle class (I used
Auckland to San Francisco for pricing).
As you said in an earlier post -
"I am travelling to the US for Xmas as he convinced me to buy a
ticket to see him last week and its non refundable so I was
planning to use it to see me brother in SF."
- I'm surprised that at that price its non-refundable unless its a
First/Business Class flight. I'm sure there's a lot going round in your
head right now but you may find it advantageous to contact your travel
agent/airline to determine if you can, for example, defer the flight to
see your brother to a later date when hopefully things are more settled.
--
squire
Those are my principles. If you don't like them I have others. (Groucho)
british_expats.com> writes
>No I'm not going to keep the ring, I'm going to sell it and recoup
>the costs from my trip ($3500.00) plus other costs I have incurred
>because of him.
Even at peak rates over Xmas, Air New Zealand, United, American and
Qantas have flights available for under US$1600 in cattle class (I used
Auckland to San Francisco for pricing).
As you said in an earlier post -
"I am travelling to the US for Xmas as he convinced me to buy a
ticket to see him last week and its non refundable so I was
planning to use it to see me brother in SF."
- I'm surprised that at that price its non-refundable unless its a
First/Business Class flight. I'm sure there's a lot going round in your
head right now but you may find it advantageous to contact your travel
agent/airline to determine if you can, for example, defer the flight to
see your brother to a later date when hopefully things are more settled.
--
squire
Those are my principles. If you don't like them I have others. (Groucho)
#52
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Withdrawing a petition & can he sue???
Originally posted by krissyv
Hi,
I'm the benificiary of a K-1 petition and I have just found out that my fiance has been cheating on me the last month or so with various girls and also advertised for casual sex on a sex & swingers personal internet site.
As such the engagement is off and I now need to know how to withdraw the petition (he has refused)
Also as I refused to give the ring back, he has started threatening me, to the point I am changing my cell phone today, and says he will sue me, put a debt collection agency onto me for the cost & has reported it to the police stolen and says that he knows a way to have me barred from the US forever.
I am travelling to the US for Xmas as he convinced me to buy a ticket to see him last week and its non refundable so I was planning to use it to see me brother in SF.
He has said that if he tracks me down up there he will beat me up.
Aside from the physical threats I am concerned that he will cause problems for me at the POE..
My question is - is it possible for him to do these things to me?
I am a lawyer in NZ and I know that the rule is that engagement rule is agift and can be kept. As he effectively broke the engagement with his cheating I believe I have the right to keep it under US law as well but want to know how much trouble he can cause for me....
Thanks guys
Kris
Hi,
I'm the benificiary of a K-1 petition and I have just found out that my fiance has been cheating on me the last month or so with various girls and also advertised for casual sex on a sex & swingers personal internet site.
As such the engagement is off and I now need to know how to withdraw the petition (he has refused)
Also as I refused to give the ring back, he has started threatening me, to the point I am changing my cell phone today, and says he will sue me, put a debt collection agency onto me for the cost & has reported it to the police stolen and says that he knows a way to have me barred from the US forever.
I am travelling to the US for Xmas as he convinced me to buy a ticket to see him last week and its non refundable so I was planning to use it to see me brother in SF.
He has said that if he tracks me down up there he will beat me up.
Aside from the physical threats I am concerned that he will cause problems for me at the POE..
My question is - is it possible for him to do these things to me?
I am a lawyer in NZ and I know that the rule is that engagement rule is agift and can be kept. As he effectively broke the engagement with his cheating I believe I have the right to keep it under US law as well but want to know how much trouble he can cause for me....
Thanks guys
Kris
I sent you a PM on BritishExpats on this.
#53
Re: Withdrawing a petition & can he sue???
The ring was a gift in contemplation of marriage!! no marriage no gift... no contract
This advice was given by the top judge in the country..Judge Judy (lol)
Return it and be done with the assehole...
This advice was given by the top judge in the country..Judge Judy (lol)
Return it and be done with the assehole...
#54
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Withdrawing a petition & can he sue???
Originally posted by ray6
The ring was a gift in contemplation of marriage!! no marriage no gift... no contract
This advice was given by the top judge in the country..Judge Judy (lol)
Return it and be done with the assehole...
The ring was a gift in contemplation of marriage!! no marriage no gift... no contract
This advice was given by the top judge in the country..Judge Judy (lol)
Return it and be done with the assehole...
The engagement ring scenario is one that comes up all the time in the law -- and there are various strings of authority -- often fact driven. But there is that contract and there is that gift line of cases. Also, the results can vary from jurisidction to jurisdiction -- which can also bring up "choice of law" questions.
Even if the thing is a contract, there can be defenses -- what is the contract? And who breached it.
This all too common scenario is rich in legal issues and therefore guite beloved of law professors.
#55
Re: Withdrawing a petition & can he sue???
Originally posted by Folinskyinla
This all too common scenario is rich in legal issues and therefore guite beloved of law professors.
This all too common scenario is rich in legal issues and therefore guite beloved of law professors.
#56
Forum Regular
Joined: Feb 2003
Location: Oregon/UK
Posts: 266
Re: Withdrawing a petition & can he sue???
Obviously I have no knowledge or the legal realm of this situation. However, the way I see it, I'd want to cut my losses and get the jerk out of my life as quick as possible. If that means giving him his ring back, fine. That would simply give him one less thing to talk to you about. What could he possibly throw at you to get you refused entrance at you POE without the ring issue? I'm not by any means saying for you to lay down and let him terrorize you either. Stand up for yourself, but don't provoke.
As much as most people want to "get back at" someone that has hurt them, that's not always the best way to go. Most of the time it simply makes things worse. I'm not saying that's what you're doing. I'm simply asking you to take a second look at why you want so very much to keep the ring. I don't know what I would do if something like this happened with my sweetie. I would be crushed beyond recognition, I know that. My condolenses to you for having to go through such a heartwrenching ordeal. <hugs>
As much as most people want to "get back at" someone that has hurt them, that's not always the best way to go. Most of the time it simply makes things worse. I'm not saying that's what you're doing. I'm simply asking you to take a second look at why you want so very much to keep the ring. I don't know what I would do if something like this happened with my sweetie. I would be crushed beyond recognition, I know that. My condolenses to you for having to go through such a heartwrenching ordeal. <hugs>
#57
Guest
Posts: n/a
Re: Withdrawing a petition & can he sue???
ray6 wrote:
> The ring was a gift in contemplation of marriage!! no marriage no
> gift... no contract
>
>
>
> This advice was given by the top judge in the country..Judge Judy (lol)
>
The ring was given in NZ, where even Judge Judy has no jurisdiction.
I think she is morally justified to keep it or use it for expenses that
she has paid for this "relationship". If it had told her what kind of
"man?" he was, she wouldn't have spent the money..
> The ring was a gift in contemplation of marriage!! no marriage no
> gift... no contract
>
>
>
> This advice was given by the top judge in the country..Judge Judy (lol)
>
The ring was given in NZ, where even Judge Judy has no jurisdiction.
I think she is morally justified to keep it or use it for expenses that
she has paid for this "relationship". If it had told her what kind of
"man?" he was, she wouldn't have spent the money..
#58
Guest
Posts: n/a
Re: Withdrawing a petition & can he sue???
sibsie wrote:
> Originally posted by Folinskyinla
>
> This all too common scenario is rich in legal issues and therefore guite
> beloved of law professors. It was also a nightmare for us poor
> police officers who got called out to deal with the fighting!
>
The police don't get to make the determination on who gets the ring.
That matter for civil court.
> Originally posted by Folinskyinla
>
> This all too common scenario is rich in legal issues and therefore guite
> beloved of law professors. It was also a nightmare for us poor
> police officers who got called out to deal with the fighting!
>
The police don't get to make the determination on who gets the ring.
That matter for civil court.
#59
Re: Withdrawing a petition & can he sue???
Originally posted by krissyv
sadly , no....
Will be going to a clinic soon
sadly , no....
Will be going to a clinic soon
#60
Re: Withdrawing a petition & can he sue???
Originally posted by ray6
The ring was a gift in contemplation of marriage!! no marriage no gift... no contract
This advice was given by the top judge in the country..Judge Judy (lol)
Return it and be done with the assehole...
The ring was a gift in contemplation of marriage!! no marriage no gift... no contract
This advice was given by the top judge in the country..Judge Judy (lol)
Return it and be done with the assehole...
Leslie