Immigration Site

I have some questions about filing I 751 form. Im suppose to send in for my extension early January. My 2 year green card expires early April next year. However, my wife has filed for divorce and it might come through before then. She had signed the I 751 last month and it was surprising to me that she filed for divorce. She now lives in Florida and I was supposed to mover there with her after I finished next semester of schooling. I have plenty of evidence showing that we have been together including checking and savings account, car insurance with both our names, health cards with our and her kids name, receipt of oil that I bought for the house, pictures together as well as the I 751 form she signed last month.

Id like someone knowledgeable to tell me if there lies a problem when I send in to get my extension? Thanks.

Technically, you could file a "joint" petition but she would have to appear for an interview with you. That would probably not happen and if she did show up, it would probably not go well anyway.

You can file for a waiver, if eligible for one as described below. It would seem that (a)(1)(iii) does not apply, how about (i) and (ii)? If a divorce is not final at time of interview, USCIS might or might not grant a continuance, if not, the matter can be raised before an Immigration Judge and the IJ will grant a continuance but it probably wouldnt be needed by then.

8 CFR

§ 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a) General. (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I–751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

(2) A conditional resident who is in exclusion, deportation, or removal proceedings may apply for the waiver only until such time as there is a final order of exclusion, deportation or removal.

You file a "joint" I-751 during your 90 day window. As soon as the divorce is finalised, you send in a fresh I-751 requesting a waiver.
If the divorce is finalised before your 90 day window starts, you file a I-751 requesting a waiver the day your divorce is finalised.

Id like someone knowledgeable to tell me if there lies a problem when I send in to get my extension?

But would I have to send in additional funds with the second I-751 form? Secondly, can you tell me the expected scenarios if I sign requesting a waiver; and isnt the form already signed by my wife a key piece of evidence in any event?