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

Las Vegas, NV |
Filed under: Immigration

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.

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

Posted

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.

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Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

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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Posted

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

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Posted

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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