Prior marriage raising flag

[awayding]

Hello,
I got married to a US citizen in 1994 (was 24) and applied for a green card but left soon after breaking up with her and abandoned the case and returned home to France. She filed for divorced in 2000, I have obtained the divorce decree.

I am now 40 and married since last November to a US citizen and filed for a Green card but did not indicate that I filed during my first marriage (honestly thought I hadn't filed as I couldn't precisely remember what happened 16 years ago). If I had remembered that I did, I would have indicated it as I knew they would find out. It was a mistake on my part but an honest one.
Had my interview today and we were informed that we will be sent a Request for additional information. The good faith of current marriage can be strongly backed up by mingling of finance, 2 years of documented history of relationship, w2s... IO was rude and not helpful.

I am concerned that USCIS will require proof of bona fide marriage for the first marriage which will be very difficult for me to obtain other than testimonies as this was 16 years ago, we where young, stupid and living at friends house without lease or anything that can be used to demonstrate it was not a sham marriage. I never got a green card through that marriage but did initially file.
Thank you for any help

 

[Manalive]

I don't think you have to worry about being asked to present proof of a bona fide marriage on your first marriage - that is more than 15 yrs old.

What you have to worry about is proofing that your present marriage is bona fide. The fact that you filed for AOS and then abandoned the case does not reflect well on you but I think it can be explained. Its not like you abandoned your case and then filed for AOS again in 2-5 yrs.
Failing to indicate that you had previously filed for AOS might be viewed as being dishonest (Depending on the IO reviewing your case). Just be honest. It's been more than 15 yrs ago. Most people don't remember what they did 5 yrs ago leave alone 15. To be on the safe side, consult a lawyer.
Good luck...

 

[Jackolantern]

The good faith of current marriage can be strongly backed up by mingling of finance, 2 years of documented history of relationship, w2s... IO was rude and not helpful.

You're at risk of having your green card denied because you failed to mention your prior green card filing, and they found out about it. They hate when people don't disclose information that was specifically requested on the forms, so it's expected that the interviewer would be hostile. Even if the particular bit of information wasn't important to your case, hiding it creates the impression that you're hiding more serious things.

But anyway, you're not going to be asked for bona fide evidence of your previous marriage, they want to see evidence for your current marriage.

 

[BigJoe5]

If it is determined that you previously had a sham immigration marriage and attempted to get an immigration benefit from it, you face a life time bar.

 

[Jackolantern]

If it is determined that you previously had a sham immigration marriage and attempted to get an immigration benefit from it, you face a life time bar.

However, after having abandoned the process and left the US voluntarily it's unlikely that USCIS would view the first marriage as a sham to obtain a green card.

 

[awayding]

I understand my error filling the form looks bad but it's not like I hid the marriage, I disclosed providing details and a divorce decree.
Also, when asked about it during interview, I did express doubt about wether I had filed or not and indicated it as my best guess, before the IO showed me my old form.
Could I be expected to prove good faith some 16 years later? Could they really give me a life time bar based on just assumptions when I am now married after 2 years of relationships, no overstay, and can prove good faith of that marriage beyond any doubt (co-mingling of finance, documented relationship, testimonies...). My wife would have to quit a job, relocate... our lives would be tremendously affected just based on suspicion, 16 years later?
Could we be denied without any chance at second interview? Also, what are the options if I am denied? I believe it is possible to file again. Maybe hoping that the issue would be reviewed by another officer with less of a bias.
Thank you for all your advice and help

We will be consulting with a lawyer this week and will keep posting so that experience can be useful to others but am trying to gather information in the meantime.

 

[Jackolantern]

Also, when asked about it during interview, I did express doubt about wether I had filed or not and indicated it as my best guess, before the IO showed me my old form.

But you didn't proactively inform the interviewer about the prior green card filing or your doubts about it, you waited for them to directly confront the issue.

Could I be expected to prove good faith some 16 years later?

No, they're almost surely not going to do that. Their concern is based on your apparent attempt to hide the old GC filing, which made them wonder how honest you're being with them about your current marriage.

 

[awayding]

But you didn't proactively inform the interviewer about the prior green card filing or your doubts about it, you waited for them to directly confront the issue.

That is correct, I waited until he brought up the subject and asked me if I had filed or not. I have to admit the whole process was intimidating because he really wasn't friendly, which I also understand is their way to make you nervous. I almost felt like I should raise my hand before saying something I really didn't want to get on his bad side so I was really stepping on eggs. It's humiliating but I felt it was the best thing to do.

Proving the good faith of our marriage shouldn't be a problem so I am just gonna be positive about it and prepare with a lawyer, just in case.
Let me know if you have any advice/recommendations.
Thank you