[zivlaj]

I entered the US with the H2B visa in 2005. The visa was issued for 6 months and after it expired I remained in the country.
In 2006 I got married however I did not apply for change of status based on marriage. I remained married for 2 years.
In November 2011 I met my second wife. In July 2012 we got married. In August of that same year we applied for change of status with USCIS based on marriage. We filled out application paperwork on our own. In November 2012 we went for our first immigration interview. The interview went well and it lasted for 20 minutes.
In January 2013 we got called for a second interview which we attended without an attorney. The second interview lasted for 5 hours and we were questioned separately. There was pressure on both of us to admit that the marriage was false, however neither one of us admitted to it because we got married in good faith and loved each other. Following the interview our application was rejected. We were not given any specific reasons as to why.
We then decided to hire an immigration attorney and apply for an appeal.
In April 2013, as instructed by an immigration attorney, my wife had applied the I-130 appeal.
In April 2014 my work permit gets extended.
In July 2014 we received a letter from USCIS indicating that our appeal was dismissed. The reason given was "the combination of these deficiencies and insufficient evidence of a joint life does not satisfy the petitioner’s burden to demonstrate that she and the beneficiary entered into bona fide marriage.
Our decision does not preclude the petitioner from filing a new visa petition on behalf of the beneficiary. See 8.C.F.R. & 204.2(a).
”Order: The appeal is dismissed."
The facts about my marriage.
Everything was going well following our wedding day. We had a little arguments here and there.
In January 2013, a week after our second interview, she gets arrested for possession and using drags and paraphernalia. I then paid for her bail bond and I get her out of jail. However, she continues to use drugs which causes us to argue more and more. In May 2013 we decided that it's best if no longer live together. In June 2013 I received a letter from the Sheriff's office for her immediate arrest. I then realized that she is living a double life.
In October 2013 the police comes to my house (I am renting a room in this house) to arrest my wife. Instead, I get arrested by immigration but I get released the same day, without any paperwork given.
In December 2013 I get a call from my wife telling me that she is in jail and she asks me if I can bail her out again. The bail bond was for 200,000 according to the bail bond agency. I could not bail her out of jail this time because I could not afford to pay her bail bond. This time she was in jail for identity theft.
That same month I received a phone call from a police detective who tells me that my wife had tried to apply for a credit card in my name without my knowledge and approval.
In January 2014 I receive a call from a collection agency and I realized that my identity was stolen. Upon receiving a report from a collection agency I realized that my wife had rented an apartment in my name without my knowledge or consent. There is police reports that indicate the same. Currently we do not live together.
I have informed my immigration attorney of all these events. However he had instructed me not to file for divorce until my immigration appeal goes through.

[tickle]

After all of that, I think your chances of getting permanent residency are pretty bleak.

[smoothy]

Your root problem is you remained in the country illegally. They really don't like adjusting status of people who are in the USA illegally. They know you are illegal.

I had to leave the country with my wife to get her status adjusted...once she was out then most of the problems blocking her applications were removed. It still required pulling a lot of strings being pulled to happen most people could not do even with a great lawyer.

Lawyer or not... I know many people who had to leave the country to have a chance at getting a readjustment... marriage did not make a difference. If they decide to deport you, kiss any chances you have goodby for at least 10 years after you leave.

I also have a good friend with a wife who is illegal, have a child born here, he is legal, but despite over a decade and immense ammounts of money spent, Lawyers, and repeated court cases... the final rulling is they will NEVER grant her legal status. And she has no criminal background or previous deportations.