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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My son married a Turkish girl from Germany. I warned m this

Customer Question

Hello. My son married a Turkish girl from Germany. I warned him this girl had other intentions and was not in love. He insisted and didn't listen. After 1 year and 1 month he has come to the same conclusion. It is so obvious she married for a green card. Now realizing she may not get green card she filed a restraining order and is claiming she is scared of him that he will abuse her. Text book for realizing that all over the web it says if she is abused it will be granted regardless. What can be done to stop her from dragging him thru this !!
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

So this is a Temporary Order that has been granted and your son is scheduled to be in court on the matter - correct?

When he was served with this Temp Order, was there an Affidavit attached so he can read what she is basing this request on. In other words, has he reviewed her accusations?

Expert:  Samuel II replied 1 year ago.

Once you respond to my further request for information, I can provide you true and correct information on how to proceed.

Thank you

Customer: replied 1 year ago.
he has to appear in court for the restraining order. But should he contact immigration re this girl. She is a Turkish Muslim who claimed many times she hates Americans and America and her brother has a Facebook hating America. Yet she claimed she was only here fory son. Now they are divorcing and she is doing everything in her power to stay and seemed to only want a green card. She sought him out on the internet flew to California and got him to fall in love and got him to arty her though we all warned him. She is a beautiful girl and he fell for it. Now he sees the light and she is claiming abuse for the green card
Expert:  Samuel II replied 1 year ago.

Thank you

Let's take one thing at a time. And so first I will provide information on the Temp Order and how to proceed as you requested in your original post.

Customer: replied 1 year ago.
Her accusation are silly. Nothing concrete he has seen her since he left only had my husband go to try to retrieve his clothing but she called police on him He is actually afraid of her
Customer: replied 1 year ago.
He has NOT seen her I ment
Customer: replied 1 year ago.
He has not seen her I ment ^
Expert:  Samuel II replied 1 year ago.

As to the Restraining Order I suggest he consider the following:

1 - Get a copy of the Affidavit that she had to file in order to get the Temp Order. This can be obtained from the clerk of the court where the matter has originated. If he already has reviewed the Affidavit then he needs to craft his answers for the court to those accusations.

That means...

Expert:  Samuel II replied 1 year ago.

2 - He should have witnesses who know where he was on the dates and times that she is alleging the abuse. In other words, form an alibi as to his whereabouts and have witnesses who know this is just not possible.

Please let me continue with what you have already asked before you respond at this time. Then you can ask further questions.

Expert:  Samuel II replied 1 year ago.

3 - The point of this hearing is he will want to show the court that not only is she lying, but that he would never hurt her, he has never harmed her or threatened her and that he would not want to harm her. He is looking forward to a divorce so she can go about her own way.

4 - If he has character witnesses who have ever seen him with her and the loving way he has cared for her, he will want to have them in court so he can present them, if needed.

5 - Now, when in court, it is going to be up to him to remain calm. Regardless of what she says, he should not become agitated or respond to her until it is his turn to talk.

Expert:  Samuel II replied 1 year ago.

I will continue...

Expert:  Samuel II replied 1 year ago.

6 - If he does not feel that he is able to remain calm and show the court he is not a violent or threatening person, then he needs to consider having a local attorney appear with him.

Expert:  Samuel II replied 1 year ago.

7 - As to reporting her to Immigration, yes. He should do that. It is important that he inform immigration the he feels her motive for the marriage was only for the green card.

Expert:  Samuel II replied 1 year ago.

If there are other questions at this time, please ask them here and I will provide the information.

Remember, the biggest thing your son needs to do is show the court he is not a threat and that he would never ever harm her. That her accusations are totally bogus. He will want to remain silent during her testimony. When it is his turn to talk, talk only the the Judge. Do not acknowledge her. Do not shake his head at her comments, do not roll his eyes, etc.

Expert:  Samuel II replied 1 year ago.

I am sorry that he got caught up in this and with this person who obviously only attached to him for the Green Card.

Customer: replied 1 year ago.
Ok. He is super calm and really wants nothing to do with her I will call you in a bit. How so I contact immigration. Thank you
Expert:  Samuel II replied 1 year ago.

I do not participate in phone calls offered by this site. We will need to continue here.

Expert:  Samuel II replied 1 year ago.

Here is a link so you can look for your local USCIS office.

Expert:  Samuel II replied 1 year ago.

And I am sure he wants nothing to do with her, however, he cannot allow her to try to agitate him in court. That is very important.

Your son should tell the court where he was on the dates and times of the accusations, present witnesses as to his character and demeanor, explain that he is not a threat, never been a threat and only wants the divorce to proceed.

Expert:  Samuel II replied 1 year ago.

And that a restraining order is totally unnecessary and will only harm his future.

Expert:  Samuel II replied 1 year ago.

And he can state that because of the divorce, she is simply using the courts and this process to get even with him.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you