property rights

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mkohn

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Jan 1, 2002
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LasVegas:

What happens to the boy if everything else is made right? Was he born in the US? Then go for it.

If not, what's the boy's future worth to you and your family?

mk
 

lasvegas

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I have left a message for Mr. Harris and as far as stalking him or getting back at him well please. I know where the DR. is and know there are many flights from here to there so if I really wanted to that I would. No this child is not mine it is his. I have taken care of the child since we have been married but the child is not mine biologically or legally. I am going into immigration this week and I am hoping that it will not affect the status of the child since it seems like noone in his family is interested in taking care of him. I have e-mailed the lawyers office in DR. to instruct me on what is needed to pursue this in DR. They have told me that I need to find if Nevada the state I live in recognize foreign divorces. As I was told some states though very few do not recognize them. As they stated that will be very important as far as the IRS is concerned. Hopefully with all your help I am heading in the correct direction legally. Now I will just have to let the legal system work. Again thank you for the information. It was much appreciated. And just to answer the post about this possibly could be all a made up story, well I don't think telling the DR1 world that you have been used because you were blind to the truth and didn't listen to other peoples warnings would be something I could make up. For me this about as embarrassing as it gets. As for not pursuing him legally, you would be surprised how many lawyers I have consulted here and there who tell me how hard it is. The ones here want only to pusue it here and the ones there well they tell me how difficult it is. I have one question though for anyone who may have the answer. Does anyone know of a something called a security bond although that might not be the correct term but I was told by a lawyer in DR. that I would have to put down a certain amount of money in like an insurance account because any money I would be granted in the divorce I would have to pay the country a portion of the settlement?? I hope I explained it correctly and possibly someone may know the answer. Thanks.
 

Hillbilly

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Jan 1, 2002
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That "security bond" sound fishy to me...but that is just my take...I don't think that there are taxes on divorces.....Of course Nevada recognizes DR divorces; shoot, it was years before the other US states recognized the famous "Reno " divorces"!!! And you don't need a quickie divorce, I would think you can get one fairly quickly...Either way good riddence.

HB
 

GringoCArlos

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Jan 9, 2002
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I think it is true that for anyone who does not have legal status in the DR (either as a citizen or legal resident or as a Dominican corporation in the DR) and who wants to take something into the judicial system in the DR, must post a bond to be able to do so. This is what protects Dominicans and its legal residents from those foreigners who want to come into "our" country and chase weak legal cases or cause trouble for us.

The bond pays for the courts' costs if the foreign entity or person does go to court and loses the case. Of course, they can post the bond but I don't think that that means the case will come in front of a judge any faster either.

One more reason to have legal residency= it somewhat levels the playing field for the legal system.
 

Escott

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Jan 14, 2002
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www.escottinsosua.blogspot.com
Hah, that is one of the reasons I got my residency. Levels the playing field.

Las Vegas, you moved there from NY and probably didn't wed there so who cares if they recognize the DR divorce?

As far as you being sincere, how would I know? Don't even remember you posting before now. I have a bad experience with my present wife and I thought and think that she is one of the nicer more sincere women I have ever met.

They were real quick to jump on your side and I guess I am not. There are always three sides to the story. Yours, his and the truth. I reserve the right to be sceptical about women looking to get the mans property.

I wish you the best but only if you are sincere. Otherwise I wish you the worst.
 

lasvegas

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Believe me if he had a side I would lover to hear it. Sincere??? Yes I sincerely want him to pay his tax bill and take care of all his other monetary problems he left. Again his not mine. Other than that I want nothing. I just want to make sure that somewhere down the line I won't be responsible for anything he does as far as owing the IRS. I am 100% sure he has no intention of filing his taxes this year. Sincere??? Maybe if I wasn't so sincere I would be in this situation. But you are right you don't know me and I am sorry you have a problem with your wife. But see in my situation it has taken me almost 2 years to get to this point. I should have gotten out in New York when I had the chance but you know sometimes you try to find the good in a person. If I wasn't sincere I would not have flown his son here to live with absolutely no help. I just can't see a child discarded in such a manner. Now I will get off my soap box and thank you for your replies. It is just after everything that has happened I find myself trying to defend myself unnecessarily. You are right there are at least 2 sides to this story, mine and the truth and those sides are exactly the same. Again if anyone has any information on the bond needed in the DR. please let me know. Right now that is a problem. Thanks.
 

lasvegas

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About wanting the property, well I have no use for a piece of land that as far as I can see is not usable in any manner and in DR. But if it will provide the opportunity to pay the tax bill than yes I want the mans property. Right now I am on a payment plan with the IRS but regardless of what I pay I am still being charged penalities and interest on the U.S. bill and the New York bill. I wed in the DR. and this is the first time I have heard about a security bond. Does anyone know what happens to the money after the case is over or does that money go directly to the country?? The lawyer I am speaking with has informed me that is one of the first things I need to do is post a "security bond".
 

AnnaC

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Jan 2, 2002
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Did you call the lawyer that Hillbilly suggested? Call again! Don't wait around to hear from a lawyer. Call! Did you call Mr Guzman's office or at least send them an email to ask about this security bond ?? Sorry to be a pain but I keep reading the same story day after day and I would be calling, calling. Get a calling card it's cheap to call. CALL!!!
 

lasvegas

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I would like to thank you Mr. Hillbilly. I spoke with Mr. Santos today in Santiago and I think he can really help me. My spanish is not that good but we understood each other and he understood what I was looking to do. He is also quite reasonable price wise. He has asked me to send a portion up front and some copies of documents. He also asked for a copy of my social security card. Is that something safe to do ???? Although he can't help me with the IRS he did say he would speak to the U.S. embassay to document the divorce and my complaint. He also wants to investigate whether he is also possibly married to another woman at the same time he is married to me. According to Mr. Santos it is a possibility. I think I am going in the right direction. I spoke to immigration and they pretty much said that once a petition is granted it is difficult to do anything. I am trying to find out if there is any other way to revoke residency. The woman at immigration agreed it is a bad situation and one she hears all too often. But I hope with Mr. Santos help there may be a way to do something. Thank you again. So he really is playing down there. I wasn't sure until now. If anyone has an opinion of the social security card please let me know. Money I can lose but is sending a copy of my social security card a risk??
 

lasvegas

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Just to let you know I have been calling. Calling so much I will be afraid to open my phone bill. I purposely took today off to take care of all the phone calls I wanted to make. These kinds of conversations aren't meant for the work place. Your not a pain. I appreciate all comments good or bad but believe me I have been calling. Mr. Santos suggested I come to DR. He said it might make the process go alittle faster but to be honest alone in DR. I don't know. My family is very leery of that and so am I but I do want to make sure all goes well with the process. I will have to give it some thought. Hillbilly, Mr. Santos gave me his e-mail but I don' think I understood him well I think he said elvin@ and I am not sure of the rest. If you have it I would appreciate it. Thanks.
 

Jeff

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Aug 28, 2002
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1. If you have a local lawyer in Nevada, then do an offer-in-compromise (reduce the debt and penalties) or file bankruptcy, if the tax debt is over three years old. Doing either of these means the collections process is suspended until either is accepted and finalized. Ask a lawyer.

2. You've established residency in Nevada (six weeks), so file for a divorce on grounds of abandonment. File notice in the paper, and you'll be divorced. Get a lawyer.

3. You've got a kid in your custody whom is not exactly your ward,
I presume. Again, this is something which you've got to deal with.
Get a lawyer as this abandoned child is very possibly a "ward of the court".

4. You live in a community property state and property which is in your name is also in his. So thus your Nevada property is just as much "his" property just as his property in DR is "your" property. A Nevada divorce decree will have some bearing in DR, but you've got a sticky situation. You want to disassociate yourself from this marital affliation asap, in my opinion.

5. Not making child payments means he has abandoned his family and might bar him from re-entry. Just staying out of the USA as little as six months can raise the specter of "intent to abandoned his status". The rule of thumb is that staying out the USA longer than 12 months automatically cancels the permanent residency status.

If you are indigent, then call the Clark County Legal Clinic in Las Vegas. Cut your losses of hubby and get on with your life and newly adopted dependent, if you choose. So don't necessarily battle the bureaucracy, but make it work for your interests. That interest is all about cutting those ties that bind just like a hot knife in butter. 1. Offer-in-compromise or bankruptcy. 2. Abandonment for divorce. 3. Adoption, or otherwise KID must go to Childhaven. (Legally abandoned children are not deported but will become US citizens as wards of the court, in general.) 4. Start your life over in Las Vegas.

Is a USD10K foreign property worth the effort? Maybe not, as the DR or NV lawyers get the dough, if the US government doesn't. You're digging a grave of debts and it is not worth the "vendetta" for an injustice at that price? You're going bankrupt just trying to get divorced! Killing two or three birds with just one stone is only going to break the camel's back in humble opinion. That is what I am seeing occurring here.
 
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Hillbilly

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Jan 1, 2002
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I think Jeff makes a lot of sense, look into this.
I will check with Elvin.
HB
PS It would be safe to come here and Elvin would not abuse any confidence you gave him. I'll get back to you. Just called, and he is in Santo Domingo right now.
 

Jeff

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Aug 28, 2002
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While I don't believe the DR judiciary is a kangaroo court, I'd be very leery of the idea that DR courts are far more appealing when a proven rule-of-law jurisdiction like Nevada is more conveniently at hand. What are the interests of this "abandoned" child here?
Do you think the police and court have those nice warm soft fuzzy feelings of the USA?

I fail to see how "Las Vegas" has even reconciled these interests over her own. She wants to physically enter a foreign jurisdiction with step-kid in tow, file divorce papers for property and custody disputes in a community property jurisdiction, and then expect to prevail based upon her own sense of injustice. And then a US citizen abroad will probably expect some sympathy from Uncle Sam, because they compelled her to do so just when his DR paternity rights are enforced and trumped allegations of neglect or "gringo-abuse" are leveled. Fines and other unknowns could emerge for negating his property issues, and in the end, your shared bills will go unpaid in America. Plus a child is then subject to the exclusive jurisdiction of the DR (and father), and any negative DR court order means community property enforcement issues back in Nevada. "Las Vegas" is out of her league here and DR daddy can turn the tables in a manner so not only is she facing a theorectically loss of her community property in Nevada, but the added expense for domestic collections hassles of "quashing" or setting aside a frivilous foreign ruling back home. American Citizen Services is going to love explaining to the Nevada judge how fiscal malfeasance compelled her to go abroad and create a mess. No such luck, because Uncle Sam does not dispense 'free-advice' if it is not in its best interests.

Plotting sneaky offensives in the DR is leaving you very wide-open to counter-attacks. If you can do it, so can he.
I'd be plotting a defensive strategy, not offensive strategy, and get these monkeys off your back. And protect the best interests of the "abandoned" child. Once hubby is found with any absolute certainty (eg. serving legal notice), family abandonment is no longer in the cards. Assertive feminity is no cultural match for Latin machismo in a Latin American Court. Family reunification of an exclusive jurisdiction is not absolutely in your best interests, in my humble opinion here. Let sleeping dogs lie.
 

lasvegas

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Sep 21, 2002
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What I want to do is get a divorce quickly and since he is DR. every lawyer I have talked to in Nevada and former place of residence New York have said go to DR. and get a divorce. With divorce in hand I can go to immigration and file a withdraw of petition. Also I realize I will probably have responsibility for the IRS bill. I am not looking for justice, just a way out. I have told every bill collector, IRS agent, immigration agent that he does not live here and never has. The way Mr. Santos explained it to me seemed fairly simple as far as divorcing in DR since that is where I was married and that is where he lives. I have no intention of bringing the child but I would like to know as far as DR. is concerned what rights do I have with him and after filing for divorce from his father can I still petition for him to stay here. He is only my stepson by marrige but I really want to give the kid a chance here. He is such a good kid. Filing in the U.S. well I tried but all the lawyers say he needs to be served. But I will ask a lawyer here about abandonment. Believe me I am way beyond a " vandetta". That idea ended over a year ago. It is just the ties that bind so to speak I want to cut and make sure I am not responsible for any other bill or problem. This is like a nightmare come true. Every time I get close to doing something off he goes to DR. Ever since he has had his residency he has never spent more than 3 mos in the U.S. . I too thought that would cause a problem but immigration stated as long as he is married to an american it is not a problem. Who knows. Hillbilly I would appreciate any information from Mr. Santos. He seemed to positive that he could help me. Thank you.
 

Hillbilly

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Jan 1, 2002
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You can serve him papers here. Tonight he is playing here in Santiago, firstbase. It would be a piece of cake, considering the informality of things around here, to get him to accept a piece of paper and tell him he is served!..
I like the way Jeff is thinking. He has a good point on that community property thing. The other stuff, I just don't have any experience with. Mr. Santos has not called saying he is back from Santo Domingo. I will post or e-mail you with anything new.
Good night,

HB
 

lasvegas

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Thanks Hillbilly. The problem with serving him in DR is the cost. But if I got the papers maybe I could find someone to serve him. Anything you hear from Mr. Santos would be appreciated. Again thanks y pasa buena noche. That is about the extent of my spanish. So again anything you can get from Mr. Santos is appreciated since he wants to start this week. I am thinking along with my family of changing ownership to their name for right now with house. But that is just the thought process. Jeff really has me thinking ahead but I do like what Mr. Santos is saying. Thanks
 

Jersey Devil

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Jul 5, 2002
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Not that this will help but I am very proud of all the help
the members of DR1 are putting into this. I think that
these type of actions are what this forum was created
for. I may be oversimplifying, but good job by all.
Las Vegas,

Keep pushing, we're pulling for you!

Moca
 
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