Illegal tactics for a divorce - Please advise

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Latest post 02-01-2012 6:11 PM by Roger Algase, Esq. 12 replies.
  • 06-13-2011 8:14 PM

    Illegal tactics for a divorce - Please advise

    I married a Turkish man in Turkey, after returning to the US and starting the paperwork process we came to a standstill. Shortly after I found out from my immigration attorney that he was deported because he didn't update his visa while he lived here. The attorney advised me that the US government can deny him a visa, until he was allowed to come back to the US. We tried to appeal the deportation and didn’t have positive results. By this time I was frustrated with the situation and a lot of time had gone by, I asked him for a divorce. I immediately withdrew from filing with US government.

    1.5 years go by and he finally agrees to a divorce. He hired a lawyer in Turkey to finalize the divorce, he sends me paperwork and power of attorney. I have everything legally translated (for my purposes), notarized, state verified, apostle, Turkish notarized and returned to him via DHL.

    Today he tells me that everything is correct, the lawyer can complete the divorce. However, he will not complete the divorce until I complete his citizenship papers. He also states that if I don’t complete the citizenship papers then he will sue me for 400k-500k due to lose of his time. Reiterating, If I complete the citizenship, he will divorce me or he will pursue a lawsuit and will never divorce.

    I understand the numbers given for “lose of time” is a fabricated number, but I am much more concerned with the big picture of him trying to get me to complete paperwork that I withdrew from and instructed I will not complete. His emails have become very demanding and I will not agree to any of his proposals.

     

    Please advise

     

  • 06-13-2011 8:33 PM In reply to

    Re: Illegal tactics for a divorce - Please advise

    Why don't you just get a Florida divorce by default where you live?

    Can't imagine why you didn't do that in the first place.

    You don't need his consent.

    And he's probably full of crap that he's going to sue you for 400k-500k.

    Get a lawyer and stop paying attention to his baloney.

     

    • The right of the people 
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  • 06-13-2011 9:02 PM In reply to

    Re: Illegal tactics for a divorce - Please advise

    I would love to get a FL divorce, however we don't need a divorce in the US. At this time we are only married in Turkey.

    I understand that the money he wants to sue for is a fabricated number, not paying attention to baloney. Do you have a turkish divorce attorney to recommend?

  • 06-13-2011 9:16 PM In reply to

    Re: Illegal tactics for a divorce - Please advise

    Your soon to be ex-husband doesn't understand one thing: he no longer is eligible for US citizenship based upon his former marriage to you.  Attempting to hold the divorce "hostage" based upon your agreeing to sign the citizenship papers is ridiculous.  The INS is not going to approve his immigration after you are divorced.  If you are a US citizen or a legal permanent resident of the US you may divorce him here regardless of marrying him in Turkey.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-13-2011 9:40 PM In reply to

    • DPH
      Consumer
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    Re: Illegal tactics for a divorce - Please advise

    Covering my Grounds:
    I would love to get a FL divorce

    Make an appointment with a local divorce attorney in FL and lay out your situation to that person.  Listen carefully to what they tell you, especially when the tell you to stop listening to your husband that is in Turkey and likely won't be seeing the U.S. anytime soon, much less getting citizenship.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-14-2011 2:44 AM In reply to

    Re: Illegal tactics for a divorce - Please advise

    Baloney. You can divorce him here in the US, without his cooperation.

  • 06-14-2011 2:45 AM In reply to

    Re: Illegal tactics for a divorce - Please advise

    What makes you think that? Just because you were married in Turkey does not mean you cannopt be divorced in the US. Stop listening to him. You owe him NOTHING.

  • 06-14-2011 3:27 AM In reply to

    Re: Illegal tactics for a divorce - Please advise

    You normally divorce where YOU live.  It normally doesn't matter at all where you married.

    If you never intend to return to Turkey it doesn't matter what their law is.

    Covering my Grounds:
    he sends me paperwork and power of attorney. I have everything legally translated (for my purposes), notarized, state verified, apostle, Turkish notarized and returned to him via DHL.

    DID YOU CONSULT WITH AN ATTORNEY IN FLORIDA?

    If you participated in his divorce action by sending him signed paperwork, none of us can tell you the consequences of that.  If you consulted an attorney here in the US, however, they almost certainly would have told you to just file here.  If you meet the residency requirement in FL then that state has every right to adjudicate your legal relationship with this guy.  That is, to TERMINATE it.

    About the only wrinkle here beyond the fact that you sent him signed papers would be if you own property located in Turkey, or if you have children who are with him and not here in the US.

  • 01-28-2012 11:01 PM In reply to

    Re: Illegal tactics for a divorce - Please advise

    You have two options.  Since you married him in Turkey, and if you do not have any children together, you may seek divorce in the United States.  This is good enough for USCIS and other government agencies.  However, Turkey does not recognize foreign divorce decrees.  So, if you wanted to be kind, and make it so he's not married to you in his own country, then seek your own divorce attorney.  The U.S. Consulate in Istanbul, Ankara, or Adana can give you a list of attorneys.  All you need to do is email them, they can give you a quote based on your situation.  You'd have to get a power of attorney from a Turkish Consulate here in the U.S. or do a power of attorney and send it to your state's office that gives Apostilles which make the document recognized under the Hague Convention.  The best is to get the power of attorney from the Turkish Consulate's office. However, if you are not interested in being kind, then let him have the ***heck of doing all the divorce filings himself. If you do not show up to court several times, then he may just be granted the divorce.  He can only have one wife, so he could not remarry legally until he obtained a divorce decree.  It is not as difficult as you'd think.  It seems he is only interested in getting himself benefits through you anyway, so take care of yourself and do not worry about him.

  • 01-28-2012 11:22 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: Illegal tactics for a divorce - Please advise

    So get a divorce in FL---who cares what Turkey does--if he inherits a billion you go to Turkey and claim it as wife #1 under whatever laws exist and remind his new wife, if any, you have a right step back into picture at any time under that law?

    Seriously--get attorney in FL and stop listening to his babble.



  • 02-01-2012 4:19 PM In reply to

    Re: Illegal tactics for a divorce - Please advise

    If you were legally married, in Turkey, you are legally married in the US. 

    See an attorney and get a divorce pronto.

  • 02-01-2012 6:11 PM In reply to

    Re: Illegal tactics for a divorce - Please advise

    I do not understand why it is so important to get a divorce in Turkey when this can be done so much more easily in Florida. Moreover, as some other comments have mentioned, a spouse is not eligible to file a green card petition (not "citizenship") for the other spouse if the parties are are divorced, or even still married but separated. 

    So the idea of filing a green card pettition in return for an agreement to a divorce is totally absurd. The only thing that is equally absurd, or even more so, is his threat to sue.

    Roger Algase, Attorney at Law

    algaselex@gmail.com

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