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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88315
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A 60 years old American Citizen man marries a non American

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A 60 years old American Citizen man marries a non American foreign 24 years old girl. She entered the USA with a visit visa claiming she was going to vist her aunt in the USA. He and his new bride start claimimg her birth rights from her mother via email. They ask for property and want to move to live in her parents home. The mother infomed them that they have no birth rights as long as she is alive and that they are not welcome to live in her home. The daughter claims that she has been sexualy abused by the father and threaten to go public with the story implicating both father and her mother and her family.No reaction from the mother or her family. The American husband starts calling and emailing and claiming some compensention for medical expenses he paid in treating his mentally sick wife ( 500 000 USD ). No reaction from the mother or her family. AT some point the father in an email says to the US husband that his daughter is a hostage and to free her he must pay 1 million USD. Te father sayd he will " work accordingly ". No reaction from the mother or her family. The father of the bride back home is watching / waiting. WHen the father and the new husband fail to get any money out of the mother or her family he gets her back and the father diagnoses her with Schizophrenia and hides her somewhere in her country f origin away fro her mother and ther family. The above happened between the June 2009 and January 2013 while both the "new  " husband and the daughter resided in the USA. 1.On what at charges can we sue the daughter and her " husband " in the USA ? for having lied on the object of her trip to the USA and entered and stayed there illegaly ( she was under house arrest for some time in the USA due to some visa problems ) house ? her husband contracting a mariage with a ntally sick person and abusineg her immigrant status in the USA and claimed her birth rights ? For having tried in ALL possible ways to emotionally manipulate he mother and her mother family in getting them to pay something either as a compensation for her as a "victim " of sexual abuse by her father or to buy her silence to avoid family slanderng the reputation of her family.

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Well, I must admit this is a sad story. First off, if the husband participated in immigration fraud, he can be criminally prosecuted and needs to be reported to US Customs and Immigration Services a division of US Homeland Security.

Second, he and daughter have committed extortion by trying to force money from the mother for illegal purposes, including pretending to have kidnapped the daughter. In addition to the extortion, they have attempted to commit fraud against the mother. They have also committed an intentional infliction of emotional distress. Each of these would be a separate count that they could be sued for under the same civil lawsuit. The husband/daughter would be liable for damages caused by their unlawful demands and acts. The father and mother might also have an additional cause of action in the same suit for defamation per se if they made these sexual abuse allegations to some third parties other than the mother and father (if they did not make the allegations to any third parties, it would be part of the extortion claim only).

Third, if you prove she was mentally incompetent at the time she did all of this, it is likely the marriage will be annulled, since a person who is mentally incompetent cannot engage in any contract to marry and the court will void the marriage.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88315
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

" Well, I must admit this is a sad story. First off, if the husband participated in immigration fraud, he can be criminally prosecuted and needs to be reported to US Customs and Immigration Services a division of US Homeland Security. "


 


When she applied for a VISA she did not say that she was going to the US to get married + did not say that she was going to reside in his house + she was under house arrest due to the expiry of her VISA and speeded his " marriage " paper work to avoid her deportation. We have the documents and emails from her asking for fees to pay both lawyers and procedings.... Is this an immigration fraud ?


 


" Second, he and daughter have committed extortion by trying to force money from the mother for illegal purposes, including pretending to have kidnapped the daughter. "


 


In that one the father seems to have been his complice in trying to extirpate money / property from the mother /wife.


1. Since is not Anerican and does not reside in the US we can we sue him under US laws on the grounds that he participated in the " plot " against his wife ?


 


2. Can we get a US judge to issue a mandate to interrogate him for a pedophile case in US courts even if the abuse did not occcur in the US in case the sexual abuse acusation of his daughter is true and confirmed by the US husband ?


 


"In addition to the extortion, they have attempted to commit fraud against the mother. " Can You elaborate please briefly ?


 


 


" They have also committed an intentional infliction of emotional distress. " Can You elaborate please briefly ?


 


" Each of these would be a separate count that they could be sued for under the same civil lawsuit. The husband/daughter would be liable for damages caused by their unlawful demands and acts. "


 


1. Am I late in taking legal action against them it started in June 2009 ?


2. Our evidence is mainly emails ( around 1000 ) + phone calls claiming for money which we have recorded + a friend who had SKYPE and chats with both US husband and daughter. Is this enought ?


 


3. The father of the daughter is part of this scheme. He paid for the ticket to send her to the US and "got " her back when her " mission " failed. He watched and hoped it would work. He is not American and does not reside in the US is he still liable in front if US courts ? of What ?


 


. If the US husband says in US court that his " wife " repeatedly said to him that as a child she was sexually abused by her father ? What can a US lawyer / judge do ?


 


. Can the US judge order the daughter back ( now that she left the US and has a green card her back to the US ) via the US Embassy in her country of residence now since she has a green card ?


 


. If she is confirms her sayings in front of a US Embassy official in her country of residence then is this enought for US courts a a formal deposition of the daughter against the father regarding a crime of sexual abuse ?


 


 


3. Of what are husband and daughter liable ? How to evaluate the damage ? What is the sentence they could incure if we hire the right lawyer and get our facts together ?


 


 


4. Yes they have spread the sexual story to thrid parties and in that the Father + daughter + New Husband participated to slander the reputation fo the wife and her maiden family. What are they liable of in that case ? What can we claim in US courts as moral / material compensation ?


 


5. Lastly both father and husband agreed at the end when the " mission " of getting money our of the mother failed that she is sick. The husband claimed that she is sick all along and asked for a reimbursement f her tretamnet fees of 500 000 USD ! Can he be sued for habing contracted a marriage with a mentally sick person to abuse her ?


 


THANK YOU


 


 


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I believe my first response covered much of this, but I will be glad to try to clarify for you as necessary.

1) Yes, I said it was an immigration fraud case, but this is not something you can sue over, that is why I said you had to report it to USCIS.

2) The father did nothing but respond to their threats from what it sounds like you said. As the father is not in the US and did not initiate this extortion, you would not worry about the father's response, you would sue the daughter and her husband. Of course, if the daughter is also out of the country, you may have an issue getting her served or getting personal jurisdiction over her in the US courts, but you can get at husband if he is still in the US.

3) The US court cannot interview him in another country. The US court has no jurisdiction over father for anything that happened while he was out of the US. You can file a criminal complaint for sexual abuse in the country where it occurred and let the authorities there investigate.

4) Fraud, which is similar to extortion, involves making demands on someone based on something they know is false and with the intent to deprive mother of assets for false reasons. It is just one other cause of action on top of the extortion.

5) The statute of limitations on suing is 4 years from the commission of the fraud. Also, if this started in 2009, but continued for a period of time, the statute of limitations does not start until their continuous acts ended.

6) If the husband keeps maintaining wife claimed she was abused, then it is up to the judge to determine if there is any credibility to the fact she told him she was abused.

7) The US Judge cannot order her to come back to the US if she is a citizen of another country and is in that country. The US Court simply has no jurisdiction over her at all. The US court has no jurisdiction over father either if he is in the other country. You would have to sue them in that other country.

8) He can be sued for an annulment, but husband cannot be sued for marrying her knowing she was sick I am afraid.

Also, you are going through all of this for nothing if husband and daughter have no money you can win from them if you sue them. If husband has money you can win, then you need to sue only him, but if he has no money suing him is useless too as he would have no money to pay you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88315
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

My idea is to attack legally the husband which resides in the USA and hope that when under pressure could reveal what realy happened ? What the girl wanted from Him ? How Is the father implicated in the " plot " ? Why the father pushed and led her to such a situation ?


Since when he started the WEB relation with the daughter girl ? etc ...


 


Would a legal suit against him u=in the US give us ansers to all these questions ? This would be valuable in local courts when we move against both father ad daughter.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Legally the husband is the only one you can sue as he is the only one that the courts have any legal jurisdiction over. Suing him may or may not give you all of the answers you are seeking, as all he can tell you is hearsay as far as what she told him about the abuse and about you as mother. But in suing husband in the US, you would be able to take his sworn deposition about everything that happened and gather evidence that you could later use in another court, so yes it could accomplish what you are seeking if he has that information and evidence to support his statements.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88315
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

If I reside in California and this happened when they resided in Florida. I have to find out where the husband is now. How to I proceed, do I start with a Police Report ? What type of Lawyer should I hire ? Family, criminal, immigration ....?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

You can make a police report in CA, since he called you in CA to extort money from you and that should be the proper jurisdiction. As far as a civil suit, you would have to sue him in whatever state he is located in. With Immigration, you can make that complaint to USCIS, as they are everywhere.

You should be using a general litigation attorney to represent you in this matter.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88315
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you

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