k-3 visa unable to adjust?

My husband came into the U.S. on a k-3 visa married to someone else. They got divorced and He withdrew the application they filed and when we got married (we got married here in the u.s.) I filed again. Anyway the application to permanent residence was denied because they said he can't adjust his status. Our lawyer says she found 2 cases where the people were in the same situation and they both got their status adjusted. We just had a new baby two months ago and I really am freaking out. We've spent thousands of dollars on this and down to our last dime. If we file a motion to reopen and go to court it will cost another $600. My question is, is there really a fighting chance that under any kind of circumstance they would change their mind? It's kind of devastating to me. Among all the illegal immigrants someone tries to do things right, file all this paperwork, work hard to take care of their family, and because he was married before he's not allowed to work or be here with his family anymore. I just don't understand. This kind of thing is paralyzing me.

What u should have done is have him divorce her while he was in status then marry u and defile for k3 or130 (k3 is quicker but interveiw process is done in his country with 130) attorney could do all paperwork ur husband would have to go back home for a few weeks then reenter and apply for a I-485 adjustment of status then all is good