I apologize in advance if I am not following proper procedure here. I have poked around on here but never posted.
I will try to make a long story short and am hoping someone can help point me in the right direction... I am a US citizen and my fiancee is from the Philippines. She was married once when she was a teenager and they were only together for a few months before permanently separating many years ago. We met online early in 2015 and in person later that year. She informed me of the prior marriage and we were concerned it might be a problem so spent the next year trying to make sure all was in order before I filed for her visa. When I filed we had her divorce decree included in the I-129F packet and when she went to the embassy for her interview she also had another legal document form singed by a judge confirming that all was in order for the divorce.
She eventually cleared her medical and interview and after the interview they kept her passport leading us to believe that they were processing her visa. The next thing we know she receives a letter informing us that our packet was being returned to USCIS for review because she had "an un-terminated marriage", which is blatantly false. The embassy should have given us a chance to help resolve the issue but did not. I tried everything I could think of to work with USCIS including; calling them multiple times, writing emails, snail mails, contacting my lawyer, my congressman and the processing center... Obviously to no avail... Today my congressman's office finally got back to me to inform me that USCIS had obviously sat on it till it was expired and won't allow any further action on that petition.
So in summation, the embassy screwed up are petition by falsely claiming she was still married, didn't give us a chance to try to resolve that. Then kicked it back to USCIS who refused to do anything with it other than sit on it till they could claim that it was expired and we have no recourse other than to start over again... We did everything we were supposed to. Filed all the forms, paid all the ridiculously high fees, waited all the stupidly long wait times, jumped through all their hoops and then we are rewarded with the fact that they refuse to even do the review they were supposed to do and make us start all over again from square one.
I am sorry this is so long but wanted to try to make sure all the necessary info was here. Now I have a couple of questions. Is there any way to get them to review this since they did not and it was sent for review because of incorrect information from the Manila embassy? If so how would I go about doing that because everything I have tried has failed. And what other options do we have? If I have to start over does that mean EVERYTHING has to be redone, refiled and repaid? Also if we do have to start over is it better to go with a fiancee visa again or a spousal visa?
We are both very frustrated and upset and my poor fiancee is stuck waiting in a strange city with no family or friends and all her belongings packed, just waiting to get her visa and come here so we can start out life together... We have been in limbo for months...
Any and all info or suggestions are greatly welcome...