can i sue my ex fiance in california for breach of promise to marry as a uk citizen?

[Goddess_K]

I am a female uk citizen recently engaged to a US citizen residing in San Francisco. After pushing me to quickly quit my job and apartment rental to move in with him, marry him soon after, and help raise his child, promising to financially support me instead, and coercing me to defraud immigration in the process, I moved myself and my belongings to San Francisco. Within a week he ended the relationship, refused to help with any of the resulting costs and damage, and became abusive to force me to find my own funds to repatriate myself quickly in fear of my safety, rather than stick to the agreement to allow me to wait out the unused return leg of my ticket. This has had a devastating effect on my career, made me homeless, jobless and financially unstable, not to mention the mental and emotional distress. It will cost me thousands just to get my career back on track, alone. Is there anything I can do?

 

[latigo]

I am a female uk citizen recently engaged to a US citizen residing in San Francisco. After pushing me to quickly quit my job and apartment rental to move in with him, marry him soon after, and help raise his child, promising to financially support me instead, and coercing me to defraud immigration in the process, I moved myself and my belongings to San Francisco. Within a week he ended the relationship, refused to help with any of the resulting costs and damage, and became abusive to force me to find my own funds to repatriate myself quickly in fear of my safety, rather than stick to the agreement to allow me to wait out the unused return leg of my ticket. This has had a devastating effect on my career, made me homeless, jobless and financially unstable, not to mention the mental and emotional distress. It will cost me thousands just to get my career back on track, alone. Is there anything I can do?

Perhaps this will answer your question:

California Civil Code Section 43.4. "A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages."

 

[OHRoadwarrior]

So you were going to commit immigration fraud also? I suggest you quietly go home. There is more to this arrangement I am sure. On the other hand, if you are using your 6 month visit, stay, spend the rest of your life savings, then go home.

 

[Goddess_K]

He told me to arrive on an ESTA and marry afterwards rather than wait for the fiance visa. Nothing more sinister than that. So the technical intent was wrong, but not illegal if we decided to marry after my arrival. However, this was planned beforehand. The plan to marry was bonafide, it was a genuine relationship, we had known each other in the past and we had every intention of living together afterwards, there was no fraudulent marriage planned.

 

[stealth2]

Consider it an expensive lesson learned. I'd say you didn't know him as well as you thought you did...

 

[justalayman]

So you were going to commit immigration fraud also? I suggest you quietly go home. There is more to this arrangement I am sure. On the other hand, if you are using your 6 month visit, stay, spend the rest of your life savings, then go home.

90 day visit. Esta is only 90 days

 

[justalayman]

He told me to arrive on an ESTA and marry afterwards rather than wait for the fiance visa. Nothing more sinister than that. So the technical intent was wrong, but not illegal if we decided to marry after my arrival. However, this was planned beforehand. The plan to marry was bonafide, it was a genuine relationship, we had known each other in the past and we had every intention of living together afterwards, there was no fraudulent marriage planned.

Well, apparently something caused him to flip from my betrothed to begone. To go from ready to spend the rest of your life together to get out NOW in less than 90 days is pretty drastic.

In the end it doesn't really matter since as latigo provided above, there is no action available to you based on the cause of action you inquired about.

 

[Goddess_K]

I think there is. In California, there is a law for breach of promise to marry. This guy manipulated and used me and has now caused me to be homeless, jobless and financially unstable. That law exists to deter others for having such disregard for the rights of other people. Whether I am able to pursue it because I did not arrive on a fiance visa or am no longer in the USA is another matter. Is anyone here qualified or knowledgeable about the law in California? This has been a very distressing time, I did not post here for judgement, but legal advice. Contrary to popular belief, not everyone is desperate to live in America, I simply wanted to be with the man I loved and he deceived me and ruined my life. I want to know if I can take legal action against him to recoup the cost to me, and the laws and rights entailed to do so or not.

 

[Zigner]

I think there is. In California, there is a law for breach of promise to marry.

You are 100% wrong. As posted by latigo above:

Perhaps this will answer your question:

California Civil Code Section 43.4. "A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages."

 

[justalayman]

I think there is. In California, there is a law for breach of promise to marry.

ok, show it. So far the only law posted involving this says exactly the opposite of what you claim. If you know there is such a law, post it.

 

[justalayman]

Is anyone here qualified or knowledgeable about the law in California?t.

the guy that posted this:

Perhaps this will answer your question:

California Civil Code Section 43.4. "A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages."

 

[Zigner]

...am no longer in the USA is another matter...

Can't let this one slip by. If you wish to sue the guy, you'd need to do it in HIS home state. Are you planning to travel back to California for this folly?

 

[tranquility]

To further support Latigo, a discussion on the scope of the law is here:

http://law.justia.com/cases/california/court-of-appeal/2d/228/374.html

 

[Just Blue]

I think there is. In California, there is a law for breach of promise to marry. This guy manipulated and used me and has now caused me to be homeless, jobless and financially unstable. That law exists to deter others for having such disregard for the rights of other people. Whether I am able to pursue it because I did not arrive on a fiance visa or am no longer in the USA is another matter. Is anyone here qualified or knowledgeable about the law in California? This has been a very distressing time, I did not post here for judgement, but legal advice. Contrary to popular belief, not everyone is desperate to live in America, I simply wanted to be with the man I loved and he deceived me and ruined my life. I want to know if I can take legal action against him to recoup the cost to me, and the laws and rights entailed to do so or not.

No. YOU "ruined" your life. Your choice and the outcome was obvious.

 

[Proserpina]

I think there is. In California, there is a law for breach of promise to marry. This guy manipulated and used me and has now caused me to be homeless, jobless and financially unstable. That law exists to deter others for having such disregard for the rights of other people. Whether I am able to pursue it because I did not arrive on a fiance visa or am no longer in the USA is another matter. Is anyone here qualified or knowledgeable about the law in California? This has been a very distressing time, I did not post here for judgement, but legal advice. Contrary to popular belief, not everyone is desperate to live in America, I simply wanted to be with the man I loved and he deceived me and ruined my life. I want to know if I can take legal action against him to recoup the cost to me, and the laws and rights entailed to do so or not.

latigo is absolutely correct. If you'd rather not believe him, then take a look at this site. It specifically uses the word "prohibits", in case you still have difficulty understanding.

http://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/ContractsMarraige/Suits.asp

Keep some dignity, and let this go. He didn't ruin your life, and you'd be foolish to keep letting him rent this much space in your head.

And really, please stop making us Brits look even worse than we perhaps already do.