igoyougoduke

Don't be surprised if you are never approved on ESTA again.

My wife's 2-year conditional green card is expiring and we will file the I-751 soon. She did not like the picture they took for her and wants a redo. Will a new picture by taken by default when we adjust to the 10-year green card? If not, is there any way we can request an updated picture?
 
Thanks in advance for any advice.

There are no interviews for I-130.  There is no way to know whether you’ll be called for an interview for the AOS.

Taxes are exactly the same for US citizens and Green card holders. 

e-2 is a non immigrant visa
 
in order to adjust status and get green card, you would need to find an employer who is willing to file green card via  in Eb-1/2/3/4/5 categories 
 

He must first file an I-751 package to remove conditions.  He can then file for citizenship about a year after filing the I-751 (sometime in 2025).
 
 

the 90 day rule seems to continue making it up everywhere. i blame the lawyer world for all this confusion 

Dude, it's been 5 months.  Processing time for that FO is 7.5 months.  Relax.

this is a postal issue and has nothing to do with uscis. its a USPS issue if mail is going back 

this is a postal issue and has nothing to do with uscis. its a USPS issue if mail is going back 

“Our month is approaching in the queue”?   You’re < 5 months in, and the USCIS official processing time for I-129F is 15 months.   It won’t be adjudicated anytime soon.

you need to let USCIS know that you are getting divorced. If you forget that it is going to come back to bite you . dont forget to do that 
 
you will probably need to file i-751 with divorce waiver 

this is a postal issue and has nothing to do with uscis. its a USPS issue if mail is going back 

You have a much bigger issue with removing conditions.
And no you are not eligible to file under the 3 year rule

A parent filing is faster as @NorthByNorthwest showed, but it is not a bad idea for both you and your mother to file separate I130s.
 
Good Luck!

Hope you are having a few good zen days , in your new mindset . 
 
Here is a bit more ammunition, as you prepare to interview / consult the attorneys to hire .
 
 
Form I-751 Denials and Immigration Court

If the I-751 is denied by USCIS, the case will be referred to an immigration court for deportation proceedings. This occurs whether the I-751 is a joint petition or a waiver petition. In immigration court, the alien can ask the immigration judge to review the I-751 denial. If the I-751 was filed jointly by the married couple, the government's trial attorney has the burden of proving that the marriage was not entered into in good faith. INA 216(c)(2)(B). The government must prove the marriage is not bona fide by a preponderance of the evidence.

The government attorney must provide the court and the alien with a copy of the administrative record including the I-751 petition, all supporting documents and the decision of the USCIS examiner. The government attorney may produce the USCIS examiner as a testifying witness, but is not required to do so unless the judge or alien insists.
 
https://www.ocimmigrationattorney.com/form-i-751-denials-and-immigration-court.html

1) you could get a F1 visa and join some college/university to study 
2) other choice is to marry a US citizen and apply for permanent residency. aka green card 
3) parents can sponsor a h1b visa for you if they run a company and can sponsor you and you can maintain legal status until October 2024. Lets say they sponsor you an h1b work visa. it  has a lottery in April 2024. First you need to get selected in the lottery and than if you select you need to main legal status until October 2024 which is when  H1b visa starts 
 
Note: Marriage to a US citizen does not itself give you any legal status.

dont waste your time with senators office. they are useless. file a mandamus and get a decision in 60 days . 4+ years ouch . you have patience to wait this long 

if she was already married and did not get divorced but married OP , wouldnt the whole petition be moot . How did USCIS even approve i-130 without divorce decree ?

your wife was denied for misrepresentation by the embassy and case is over
 
there is no NOIR or NOID to follow to be able to respond  as she is barred for a US visa 
 
 Since the elements required for fraud also include the elements for willful misrepresentation, the person is also inadmissible for willful misrepresentation.
 
When making the inadmissibility determination, the officer should keep in mind the severe nature of the penalty for fraud or willful misrepresentation. The person will be barred from admission for the rest of his or her life unless the person qualifies for and is granted a waiver. The officer should examine all facts and circumstances when evaluating inadmissibility for fraud or willful misrepresentation.
 
https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Lying on two non-immigrant visa applications (F1 and B2) about marital status is material, and also taken very seriously because the applicant signed the DS-160 verifying that all information is true and accurate.  Another problem is that she also lied about this if questioned in the visa interviews, making the situation even worse.  As to the purpose of her visit, if it was to visit you and she did not disclose this on the forms or interviews, it could add to the lack of confidence that USCIS/DOS have in her truthfulness.  Yes, a waiver is possible in misrepresentation situations like these, but it is only available at the discretion of the officer, you can't force a waiver with a WOM.  I suggest that you start working on plan B and move to her country.

We have seen this many times before here on Visa Journey.  I have never seen a case successfully end with an immigrant visa.  I'm not sure how you can fight this without a very, very good attorney. 

What you wrote is irrelevant to this case. USCIS sees that she claimed she was married on 2 different visa applications. It does not matter if she did not succeed in being issued a visa.     Did turn in a fake marriage certificate?
 
They want her divorce documents to prove she was free and able to marry you. 

What do you hope to achieve by this?
 
I don't think you're getting the crux of this situation, which is:  it doesn't matter that she didn't get a visa with the fake marriage claim on the visitor visa application.  What matters is that she cannot show evidence of dissolution of that fake marriage, so she is ineligible for a spousal visa, which requires that the two spouses were legally eligible to marry.  She cannot prove she was single when she married you.
 
Writ of mandamus, appeals etc cannot change the facts in this case.

Honestly, we have seen many cases like this (all from African countries), and I've never seen someone come back and report a success story.  Not to say that it doesn't happen, but if it does, no one has come back to tell.
 
The problem you have here is that she lied to try to gain a material benefit (a visa).  Now she wants an immigrant visa through marriage that requires her to show legal dissolution of all prior marriages, which she cannot do, since it was a lie.
 
IMHO, you should think very seriously about relocating to Rwanda.