Nuwadess

That's the problem, the marriage wasn't deemed fraudulent. I am wondering since we are already married and we filed a new I130, would if be better for my husband to go back to his country and wait the 2 years - if so, what will happen to the I130 we already filed?

Your husband will not be able to adjust status on a family petition from a previous wife with a new wife. You would have to file a new petition (I-130.)

On the instructions for the I-130 they list people who cannot file a the petition:

6. A husband or wife, if he or she was in exclusion, deportation,removal, rescission or judicial proceedings regarding his orher right to remain in the United States when the marriagetook place, unless such spouse has resided outside the UnitedStates for a two-year period after the date of the marriage.

The appeal will probably be lost because the judge doesn' t have to consider a new marriage, especially one after the immigrant was in removal proceedings.

Jasman is correct that if he is found to have a fraudulent marriage with his first wife he will have a lifetime ban for Misrepresentation, however there is a waiver available for this the 601 (hardship waiver.)

I am glad you have an attorney, but I too believe that you will have to wait the two years before you will be able to even start to petition for your husband.

I am the petitioner of my husband who was ordered deported by a immigration judge. My husband and I got married after he was taken into custody during the marriage interview with his previous wife. My husband has since been released and was in removal proceedings in which he was ordered deported. My husband is appealing the judge decision based on the judge not hearing his new marriage case. My question is: If my husband loses the appeal, what is the likelihood of him returning to the US since his previous wife told CIS the marriage was fraudulent?

Thanks!!!!