Should my son sign this annulment & affidavit?? Is statute used strong? & will he get in trouble w/ immigration on remarraige?

Asked over 2 years ago - Las Vegas, NV

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.

Additional information

The question for him is really if he should sign a document that puts in in a bad light esp. when all the details aren't there. His wife is the one who changed her mind but since she wants to do the filing and has to have an annulment, her lawyer said that is the only way to word it. He doesn't even think 125.350 will work and if he files 125.340 my son will still be safe now and if he re-marries. Our immigration lawyer says NOT to use 125.340 b/c fraud is fraud, she doesn't know about 125.350. He doesn't agree with the affidavit (it's not totally untrue, just not the whole story) but he also doesn't want to draw attn to himself with CIS now or later...thnx for any help, many law offices are closed this weekend and we just wanted a second opinion.

Attorney answers (5)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    12

    Answered . 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.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Israel Lynda Kunin

    Contributor Level 15

    4

    Lawyers agree

    Answered . And the advice from Nevada is exactly as the 3 previous posts state. See an atty who knows and practices immigration law.

  3. Peter Lunt Ashman

    Contributor Level 9

    2

    Lawyers agree

    Answered . 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.

  4. Kyndra L. Mulder

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You state that you have an immigraton lawyer. He/she is the best person to advise you. If you do not consifent in his/her advise you should seek other counsel.

  5. Philip Alan Eichorn

    Contributor Level 19

    3

    Lawyers agree

    Answered . This requires more than a bit of guidance. This requires an analysis of your son's family and immigration history along with the statute, CIS guidance and/or BIA interpretation. Hire a lawyer.

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