Advice needed

[Abraham1 0]

Hello Everyone,

I have a challenging case and I just want to share with the community to have your opinions/advices. I was married back in 2015 and we went to interview with my wife in Nebraska. After the interview the officer told  us to wait at least 3 months but we've been waiting for about 6 months before moving to California. After a year and half nothing but to make it short my wife got pregnant with someone else while I was in Washington  DC for 3 months for a job training. When I'm back she told she is pregnant and I can only be happy with the news. But I didn't know the pregnancy wasn't mine until 3 months later she sat me down and informed me. I was surprise but she told me it was a mistake that when I wasn't there, she went to a party and got drunk and an old friend had sex with her. To make the story short we decided to get separated and started preparing for divorce. 

 

It's at the same period that California office decided to review our case and by searching her name online, they found out she had a baby registry online and the name of the father wasn't mine. That triggered the officer in charge to visit our place and ask her question about the paternity of the baby. At least it the reason the officer told her. I wasn’t  there because we were already separated due to what happened. She then informed the officer about what transpired between us and also informed him that yes the pregnancy is not mine and that we are filling for divorce. At the same time the divorce paper was already sent and after 7 months when the divorce is pronounced, the USCIS denied both my I-130 and I-485. The reason for the denial is unknown and we never received a copy. Several attempts to get the decion was not avail. 

 

Now my lawyer told me that we will not appeal but rather he will file for VAWA. After submitting the Vawa application and sent all the supporting documents, the VAWA case was denied. The reason is that and I quote “Althought your Mariage is bona fide infidelity is not considered a basis for abuse”. We did the appeal but wasn't successful because USCIS is not considered pregnancy as a ground for abuse. I never knew that and my lawyer seems to mislead me in that regards.

 

Now my VAWA case took roughly 18 before getting denied and according to VAWA policy, you cannot remarried while in the process. I was dating another women I met but I couldn't get married because of the policy. 

 

My question is to know what will be the outcome of a new marriage?. Is there a chance to get a residency through a new marriage. I'm not in removal proceedings yet and it has been already 5 months since the denial. My lawyer is telling me there it will not be a problem but I don't trust him anymore after my experience with him.

 

Thank you and may God bless.

[Ontarkie 14,223]

I would speak to several lawyers. Your situations with the fake VAWA filling looks like you are desperate to stay in the US and now another USC wife to file for you doesn't look good. Talk to as many lawyers as you can before you do anything. 

 

I would not trust the one you have now either. He made things worse for you. 

[Abraham1 0]

Thank you for he feedback. I think he never believe that the VAWA will not work. I think he doesn’t have experience in VAWA just like many other so called lawyers with little experience  I discussed with. He really believed the pregnancy can be considered as abuse so it’s more him not knowing VAWA requirement and myself was inexperienced because I never hear about it. 
But I discussed with few lawyers and according to they analysis if my marriage wasn’t considered as sham marriage I should be okay but I just have to be ready to answer many questions. That is the answer I’m getting so far. 
For the new marriage it’s something I was considered long before the denial the VAWA but I couldn’t just married because I was still in process.

 

thank you so much for your feedbacks