Aj06

Hi guys,
I had my immigrant visa interview on 05/22 and it was refused.lO said that he believed the marriage is real but not valid.
Here is my story:-
I got married to my now ex in 2004 and due to difficulties in our marriage we separated in May 2008.In July 2008 she summons me to court for divorce which was delivered by a court marshal.From July 2008 to March 2009 i received three notices to appear for the divorce.I consulted a lawyer and he advised me that once i agreed to the divorce i dont need to waste time and money to contest it,that the marriage will eventually be terminated and the divorce will pass and judgement will be ruled in my ex favor.So in March 2009 i received the final notice to appear for the hearing in April and the notice stated that "this is the final notice to appear and if you fail to appear judgement will be ruled in your absence".So since then i believed that,that marriage was terminated and the divorce passed.
In July 2009 i entered into a common law relationship with my present wife and after she migrated in 2016 i went to visit and we got married in October 2016.Before we got married i asked my dad to go and get a copy of my divorce from the family court since i was not in the country and he was told that he needed my ID to get it or i have to come in person,so i believed that the divorce absolute was there and my previous marriage had been terminated and i acted in good faith and got remarried to my now wife and we believed that our marriage is a true and valid union.In December 2016 my wife petitioned for me.On the i130 application i did mentioned that i was previously married and stated that it ended in April 2009.when i returned to my country in January 2017 and i went to the family court to get a copy of my divorce i was told that they can't find it in their system.Upon inquiring further i pleaded with the clerk to search for the hard copy and i was told that,thats since 2009 they can't find it now...very disappointed.
I then asked my dad to call my ex and ask her if she has a copy and she said that she has to go and get it at court.To my surprise one week later my dad received a call from her lawyer saying that he has a divorce summons for me filed by my ex.Note this is the second time she is filing two separate divorces for same marriage. 
So i went and i asked the lawyer what is going on and he said i have been served.I then asked him if he was aware that she filed for divorce since 2008 and what happend to that.His response was same as the clerk at the court and was hasty saying that my ex is almost nine months pregnant and she dont have time to run about and since she filed for the divorce i have to pay half the fee and so on.Any way this divorce passed and the marriage was terminated in late January 2017.I now messed  up big time by taking it for granted buy not informing uscis since they never asked for it and approved my petition anyway.I then submitted the divorce absolute to nvc along with other civil docs for visa processing and my case was completed without any difficulty.
Now at the interview i was refused because my marriage is not valid.The IO said he believed my marriage is real but not valid and then typed the refusal letter saying that i am not qualified for the visa i am applying for and my case will be returned to uscis with recommendation to revoke.I messed up big time, my wife is so disheartened everytime she calls she is crying and this is eating me up because i have let my family down as a husband and as a father.
Dont know what to do?Can this be fixed?
Plz help!

No i did not,we went ahead and file the new petition.

I remarried my wife and filed a new petition, currently waiting for approval.Going on a year now.

Nvc issues the welcome letter with ur new case # and invoice #.On the welcome letter there are 6 steps that u need to follow n complete before getting an interview from your respective country's embassy. 

Here is my timeline for f2a:-
Noa1 -12/22/2016
Noa2-06/12/2018
Nvc received case on 08/17/2018
Received welcome letter frm nvc on 09/05/2018.
According to my estimate based upon the present vb movements ,nvc processing will take ~3 to 4 for case complete.
Hopefully i should get my interview in late dec or early jan.
 
 

You need to fall in love with a US citizen or PR.

December 22nd.

ILs will be given out from the first week in February. 

You need to fall in love with a US citizen or PR.

VB tells you when your PD is current, and after your PD becomes current in the VB you will have your interview. Usually interview letters are given out one month prior to your PD becoming current.

Thats ok...she will be fine,dont worry.

Thank you Micheal.

Nvc issues the welcome letter with ur new case # and invoice #.On the welcome letter there are 6 steps that u need to follow n complete before getting an interview from your respective country's embassy. 

Yes,the noa 2 is ur case approval and the welcome letter is for you to begin nvc processing. 

I m also confused , why she did this and took this hard step ....  What happened .... She talked 17 September well ,   Suddenly what happened and why she did this ,,,,   

Once the removal order is issued, USCIS no longer has jurisdiction on the I-485, the courts do. I'm not sure at what point in the timeline it will be issued, will it be during or after his prison time?
 
A DUI that injured someone will almost undoubtedly be seen as a CIMT.
 
At some point he will appear in front of an immigration judge. One option is to ask ICE to exercise prosecutorial discretion and not spend the resources to have him deported. But with a felony vehicular assault and so much jail time, he will be considered a threat to public safety, so there will be close to a 0% chance ICE will do that. But with a USC wife and child, not a 0% chance I guess.  
https://www.nolo.com/legal-encyclopedia/which-undocumented-persons-are-helped-by-prosecutorial-discretion.html
 
Still my POV