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International 'Binding' Contracts between American Citizen & German Citizen

This is a discussion on International 'Binding' Contracts between American Citizen & German Citizen within the International Law Issues forum, part of the INTERNATIONAL LAW category; I'll try and make this as short as possible. I am an American male citizen residing in Germany currently. -Was ...

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Old Oct 29th, 2008, 06:40 AM   #1
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Default International 'Binding' Contracts between American Citizen & German Citizen

I'll try and make this as short as possible.
I am an American male citizen residing in Germany currently.

-Was here in Germany on a externship visa 2005-2007.

-End of my stay here in 2007, met a German National woman

-Fell in love, moved with German national to America on April 2007

-Married German national on October 1st 2007, in America, began immigration paperwork. Paid $4000 for entire process including attorney fees. I entered into marriage on good faith (will explain later about her motives)

-She received 'permanent Resident Status on April 22nd 2008

-I lost my job in April 2008.

-She convinced me to move back to Germany to start a new life there, and that we would have more options as far as living and employment. (Found out later she had no intentions on staying in America with me)

-Our plan in April was she move back first, take a in between job till she got on her feet, and got a permanent job relating to her studies/diploma. She has a physics degree. I agreed, she left on April 29th 2008, I wired over $1200 to her account so she would have money to cover any expenses till she started this temporary job. I agreed to come on June 2nd 2008, I had to tie up all the loose ends here in America.

-Spent over $1000 dollars in USPS postal shipping, for all my belongings in America to be shipped here.

-I flew over on June 2nd, and transferred another $5,500 to her account for our 'new start' here in Germany. She had always reassured me she would take care of everything in regards to my paperwork so I can stay, and that she loved me so much and looked forward to a life with me here in Germany.

-As we were applying for my green card here on basis of marriage, we found out that through a technicality, our marriage could not be recognized her under German Law. So we applied for our marriage license, and my temporary status resident papers, so I could stay here till we got married, the apply for my permanent status. I received a visa for temporary status till December 10th, 2008.


-1 month after being here, I came across her numerous chat logs with various people. This was on the beginning of July. I found out that the whole month of June, when she told me she was going to her temporary job in another city, she was cheating on me with her 2nd cousin. She would go to work, but I always stayed home in the little town where we were living, because we were living with her family. She assured me that since she had to work on a Thurs and Friday, she would just spend the night with her best freind who lived there.

-Continued my research in her chat logs, and found, she had never intended on staying in America, or with me, or that she married me because she loved me. She had always chatted with her friends, and always informed them she would rather be single, that she should finally tell me(but never did), that she had so much fun being single and sleeping with men just for sex, when ever she wanted.

-I had confronted her on all these topics, and we have been back and forth with trying to get through this, working it out, and that she was sorry, said she would change, and we will get through this. I was dumb enough to believe in what I thought was love, and that she was truly sorry for what she has done.

-Well, October came, and we were discussing our relationship, and then I was informed by her..."That the only reason she married me back then was out of pity, because of what all the past women in my life have done. This was the last nail in my coffin. She moved out to another relative, and I have been left alone in a basement apartment, with no money(in 5 months since I have been here, she has blown through all the money I transfered here ($1200+$5500) Plus all the money she earned at her temp job for the 2 months when she came back. She has started a permanent job with an american company here in Edenkoben Germany: Tenneco Corporate Web Site - OE and Aftermarket Automotive Parts. She has been there since August 1st, she earns 1,800 euros after taxes, and she has nothing to show for it.

-Since October, she is now refusing to continue the marriage license application, and now I will have to leave here by my visa expiration date.

-Mind you, that since we have been here, we have not had to pay rent, and very little on groceries. While we are staying with family members

-She now says she feels obligated to pay my back all I have invested in our relationship, due to the fact she was unfaithful, dishonest with me and the authorities both in America and here. She now says she never had intentions on marrying me here, and feels responsible for all the pain she has caused me.

-She has agreed to reimburse me for the following fees: $4000 for her permanent resident status (because she admits she was not honest with me or at the immigration interview, when she lied and said she was entereing into marriage in good faith, knowing she had intentions to persuade me to go back, at my expense)

-Reimbursment for both wire transfers $1200 /April, and the $5500 in June.

-Reimbursment for the $1000 I spent at the post office to ship all my things here. She has done this already. She has paid for all my things to be shipped back, with her own income.

-For my flight back home $600, and another $300 so I can ship back something to big to ship by regular post.

-We have come to an agreement of 8,000 euros plus flight and shipping (UPS)

-But this has been going on now for a month, I have seen no money, except for what she has spent on the shipping of my personal things.

-She has now received 2,000 euros from a friend, and has wired it to my account. She has also just received another 2000euros from her parents to give to me, but it is still in her account, and not been transfered. She has assured me that she will transfer this as well, plus with her income she will be getting the end of this month, she will be paying for my flight and the last package that needs to be shipped.

-So, if this goes according to her plan, I will have in my possesion, before I fly next week (not booked yet, but I need to get out of here, I am sitting here alone with no friends or family around, a very little means of buying food) I will have received by the end of the week 4,000 euros and my flight and package. She is telling me now, to go ahead and book my flight, and she will transfer the balance of the other 4,000 euros when I am there. Because she will have to pay all these people back who lent her money. She says she will begin to pay the bablance in June of 2009.

My questions are:

How can I be assured she will pay?

Is a hand written contract between 2 parties, with witness signatures, a legal and binding contract?

Are there any legal proceedings in regards to her misleading U.S. Immigration in regards to her resident status being obtained as a Spouse, when I can prove that she has never intentions on being faithful, or marrying me out of love?

If there is the possibility of a contract? what happens when I am in America and she refuses to abide by the contract? I am in such dire straits here, I can't afford to take her to court.

If she does refuse to abide by a contract, I will not be able to afford to come back here to sue her for the rest. Time off work, attorney fees, travel.

How do I take advantage of her admittance that she wants to pay? What can I do?

Is there a simple an inexpensive way to get this taken care of? I am very limited on finances, and my time is running out.(Visa)

I am currently on her bank account with my own debit card, but sometimes she deactivates my card, or online access. I have no means of transportation while she needs the car for work.

I have told her that if she doesn't give me what she has verbally promised, I will proceed with finding an attorney to sue her, but then all she says "If you do that, I will not pay you anything, And besides, we have no money for an attorney, and you don't understand enough german to get through it" So basically I am having to make her happy, or I won't see the other money, and she wont pay for my flight.

Any advice on anything I may have missed. She has been nothing but empty promises, she is stalling with the hopes I will have to leave, and she can get out of this rather cheaply, yet she promises me to pay the balance, and she has verbally agreed to what she owes me for the inconviniences she has caused.

Thank you for your time and consideration.
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