Tygrys

Great user name :/
Not sure about your question.

Your brother will definitely not be granted a waiver. His family can relocate if they so desire but the US has no appetite for dealing with these types of individuals in these political climate.

B VISA is a long-shot. You're basically saying to immigration "I'm quitting my job so I can stay with my girlfriend while my divorce processes so I can marry her." Why would they let you do that? That's not what a B VISA is for - there's no "wait out divorce then get married and convert to a different VISA" VISA.
Yes, waiting sucks. So do long plane flights. People manage-and you get enough miles going that you get perks fast enough.
Keep your job. Visit on VWP. As long as you show ties to Australia, including return tickets, they seem relatively flexible about the amount of time you're using it. (My now-husband visited 3 times in 2013.)

You can only claim hardship if your marriage was not entered in good faith, meaning, that you did a fake marriage to evade immigration laws. Is that what you did?

Thanks you guys for the replies, I read everything you said and while reading i felt really bad, I'm not gonna be away from my wife even for a fantastic job, I will stay with my wife, will tell her about my decision right now, being away will complicate everything, it's been a hard time on us and won't make it any harder...I've been thinking about it a lot, and it sound complicated, so I'm staying with my love...
Big Thanks for your time and appreciated words ..
Anna Maria and Dave

^ not correct at all
First only a US citizen can petition for their mother. If you are a citizen you begin by following the guides at the top and filing the I-130 and assorted other documents. Processing by USCIS takes about 5 months. The it goes to NVC where you provide the affidavit of support. Then it goes to the embassy for an interview to be scheduled. A parent is considered an immediate relative so there is no wait for a visa number. Current processing time from filing to receipt of visa is about 12-18 months.

Virtually zero. Without a job and with an American BF, she falls dead center into the demographic from that country whose return rate is measured in single digit percentages.

Responses in red.
Telling someone to "work underground" is telling them to do illegal things, which is not allowed on this site.

This post is 100% wrong.

For a fiancé petition it will not be reviewed and reaffirmed, it will be allowed to expire.
I suggest you go spend some time with her and get married. Of course document the visit and the wedding well so you have lots of evidence to send with the spouse petition.

At one stage you loved this woman enough to go through the immigration process to get her here and marry her. Why not just sit down with her and explain that you can't continue in the relationship and what does SHE want to do for HER future? If you can part amicably you can bypass a lot of nastiness during and after the divorce. Someone who isn't constantly fighting you isn't going to be making life difficult for you either (don't forget that you are on the hook for any benefits she claims between now and 40 quarters or citizenship).

Are there reasons she doesn't want to return? Does she have a fear of being cut off from her family if you two get divorced? Is she scared to go home because she fears that she will be shamed and unmarriageable in her home country, rather than not wanting to? When you are angry with someone in a relationship the truth seldom comes out. People don't always express what they want when they feel powerless.

Please remember that this is not HER home country. She's a long way from home and probably doesn't have many friends, much less confidantes. No matter what has happened between you, put yourself in her shoes before you treat her too unkindly. Relationships break down, they are seldom one-way disasters.

Robert, all you need do is get a divorce and move on with your life. You can't force your wife to leave the country but you can force her to leave your life by getting a divorce. If things get ugly you can get a restraining order so she won't bother you anymore.
Get a lawyer and get started on your divorcce.
Good luck.

He just described my relationship with my college roommate. I kinda feel bad for not proposing to her now

If you are bringing your parents at their retirement age who would never work in US for at least 10 years, it is your responsibility to take care of their expenses.
If you can't afford the high costs of medical here, perhaps you should rethink your plans of bringing them over.

They will not qualify for Medicare unless one of them accumulates at least 40 quarters of qualifying work. After 5 years as an LPR they can buy into Medicare but it will be expensive.
They will not qualify for any means-tested benefits for at least five years and if they are not citizens you could be sued by the government to pay the money or costs of services back.
They will not qualify for social security unless one of them has 40 quarters (10 years) of qualifying work.

Don't know where you got it from but it is completely untrue. Again - no length of stay that allows you to apply for a green card.

If you're seriously considering applying for any kind of immigration visa, in this situation it's probably best to speak to a competent immigration attorney.

No

Hello! What process are you planning to undertake?

Nope Amy, I'm with you. I think if the couple goes through with their "non-legal wedding" before he gets his K-1 VISA, they're in for a world of hurt. Why in the world would you even take the risk that the CO could deny, or say "nope, sorry, you gotta file a CR1" or anything else?
They say don't schedule anything until a VISA is in hand for a reason.

If you are serious this time around get married and do the Cr1 and find out the reason you were denied before (FOIA request).
Your hard copy previous filing 'may' be destroyed but all your forms/data you submitted will forever be there and cross checked
in the system with future filings.
You said here :
he got divorced overseas..In america. we were marry in jamaica.

But what if we state we were married but is now divorced since he has the divorce papers...
What do you mean if you state you were both married to each other before and then divorced (you are divorced to not just him
by the way).
Of course you have to state that, no IF about it. What will happen when you do that ? The CO will likely scratch his chin and
wonder what's up with the on again off again. You have to convince them you are serious. How ? I have no clue since I don't know
why you got divorced in the first place and did not wait for reaffirmation after your case was returned. Did your petitioner receive a
NOID/NOIR and did he respond to it ?

Your ex husband now fiance needs to be on here asking the questions because he will be able to articulate better the reasons for divorce
so we can give better advise on how to proceed.

yes we have paid them. In the email they said they may drop us with no refund. I have to drop them now, I can't have them call my husband names and let me them get away with that I will be reporting them to the bar.

She cannot live in the US without a Greencard.
Her marriage to you does NOT make her legal in the US. After her I-94 expires for the K-1, she will be a visa overstay and accrue days of illegal presence.
She must apply for a Greencard, or leave the US.
She never has to get citizenship, however. A Greencard is NOT citizenship.
She cannot get AP just for being married to you.

It means they believe that your relationship is fake for the sole purpose of obtaining an immigration benefit (which is what we were guessing).
Your petition is denied, and it will most likely expire. You can file again with a new petition, or you can marry and pursue a spousal visa.
BUT, the suspicions they have about your relationship need to be identified and addressed if you are going to succeed a second time.
You will need to identify your "red flags" and evaluate your relationship from a "reasonable person standard."
The overlap in your relationship is the least of your worries, really. There must be other things involved. Good luck.

Google some options for renting a mail box or for a mail forwarding service. That will get you a US address you can have your green card sent to.
And then, pick a hotel you will be staying at when you first arrive in the US. That will be your address. If you need to change it, you can update this address either at the interview or when you arrive at the border to enter the US.
Once you are in the US and find a permanent place to stay (apartment, house, etc.), or any time you move, you have to notify the government of your new address: http://www.uscis.gov/addresschange