Hello everyone! I am in the process of filing Adjustment of Status for my husband, who I met locally in May of 2023. We dated nine months prior to getting married in February of this year. While we were dating, I learned that he had only recently separated from his wife of almost 7 years. To reassure me that they were in the process of getting a divorce and nothing funny was going on, he introduced me to her. She confirmed that they had grown apart and were no longer living together. Since it seemed they were on good terms and she had nothing bad to say about his character, I proceeded with the relationship. My husband did explain to me that he was not a green card holder and had only received an EAD, which he had been renewing annually. Apparently, his initial request for AOS through his previous marriage was denied due to insufficient evidence to prove a bona fide marriage and his case was just sitting in appeals. To date, his ex-wife has not contacted USCIS to withdraw her petition. We are expecting our first child together next month and wishing to put his immigration issues behind us. Any advice on how to proceed?
Timeline of events:
09/19/2016 - Legally entered US on B2 visa
02/13/2017 - Married former USC wife
10/31/2017 - First I-485 application
03/15/2019 - First interview
09/12/2019 - Second interview
05/21/2021 - USCIS denied I-130
08/23/2021 - Second I-485 application
05/12/2022 - Another interview
??/??/2023 - Second denial
05/01/2023 - Appeal by EOIR-29
05/21/2023 - We met
05/31/2023 - Moved out of marital home
12/27/2023 - Divorce finalized
02/16/2024 - We married
Thank you all in advance.