Son's wife filed an annulment against him. Her lawyer filed complaint, requests an annulment pursuant to NRS 125.350 on grounds that she was "unilaterally mistaken", believing they will cohabitate & have kids. He's needs to sign an affidavit saying he has never cohabitated w/ his wife (true) & that he doesn't want to have children w/ her (up for debate). His wife wants the marriage annulled, he doesnt. BUT he know it's gonna happen with/without him. Lawyer was gonna file NRS 125.340 after THEY told him NOT to b/c it was FALSE; lawyer said he will be safe. They changed it to 125.350 but the wording (see above) didnt change. My son has no status nor were any AOS papers ever filed. He doesn't want to contest for fear immigration will give him trouble either now or later when he files.
I am sorry that you son and you are going through this. I strongly urge you to meet with an immigration attorney to review the options and the ramificaitons of this upon the process. Take care and I wish you all the best, I will repost this in Immigration for your convenience. take care.
If no immigration papers were filed then USCIS would be hard pressed to make any finding of fraud in a subsequent immigration filing. The standard for a fraud finding is that the alien got married for the sole purpose of gaining an immigration benefit. Now (and this is important) just because USCIS would be legally wrong to say this later, it doesn't mean they won't, and your son may find himself in a fight. It would be a fight with amateurs, and one that he would eventually win, but a fight nonetheless. I don't think there's a problem with getting the annulment, but be prepared for some turbulence down the road. Get him a good lawyer that has a reputation for litigating cases in court.
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