I married a UK citizen in 2009. He moved in with another woman less than one year after we moved to the US. He had an online relationship with this woman before I met him, and the only time he met her in person was when he invited her to our wedding.
Through a series of lies I have caught him in, and evidence I have found, I believe that he married me for the purpose of coming me paying off his debt to the US to be with her. I have spent over $20K in supporting him and bringing him to the US.
We did not have any mutual friends here that are willing to support his removal of conditions by saying that we were a legitimate marriage, as they believed he married me for false reasons before I admitted it to myself. I believe that he will be marrying this new woman to stay in the US.
I know that I cannot get out of my Affidavit of Support, which is a bitter pill in and of itself. I was very naive in this relationship. I have been advised by a divorce lawyer that I will not be able to get any of the money I spent back in a divorce settlement, but that I can file a suit against him for that money based on fraud.
So I have a couple of questions.
I know that he can file for a waiver if we are divorced, but one of the requirements is to have two people to say that we were a legitimate marriage. We did not have any mutual friends that can do this unless they lied. Is this step, having someone swear that we were married legitimately necessary for him to stay in the US?
Will being married to another US citizen allow him to stay in the US if he cannot prove that he did not falsify our relationship to get here in the first place?
My concern is that I file suit and he has to leave the country, what will happen to my case if it has not concluded? If it has concluded and I actually win, if he leaves then I assume he won't still be obligated to pay?

