Hello, my name is ***** ***** I will be the licensed immigration attorney helping you today.
I'm very sorry this happened to you and your fiance. I'll try to help the best I can but please understand that with immigration law sometimes there's no perfect answer but instead a few options.
1) How come the U.S. Embassy didn't honor her Visa request when indeed under U.S. law our marriage in India was null and void and therefore she did qualify for a K-1 Visa? Since I do not work for the US government and I was not there, I cannot know for sure their reasoning for denial. It sounds like they may believe that under Indian law, you two are in fact legally married. The marriage has to be valid in the country that it happened, not under US law.
2) What is the best avenue to take now to bring her here? Do we do another K-1 Visa process? Or do we try to go the Spousal I-130 Visa, under great risk that they will deny it based on the fact that my divorce paperwork dates "after" we were married? It's a tough decision at this point, but in my opinion you should return to India and marry again now having the divorce certificated to make sure it is valid. After that, then file the I-130 for her. It should be approved because the marriage should be considered valid.
Good luck to you during this process and I hope this answer has helped you!
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