Me and my husband have been married for 8 months, and we filed his paper work to become legal in the country. We went to our interview to justify that our marriage is real, and me and him answered some questions differently, and in all honesty the officer scared the life out of me, right then and there my mind became blank, and I became nervous. Anyway, the officer told us he was not going to make a decision there, because some of answers were different and that we were going to get a second interview within 120 days. But me and why husband are not doing great at all. Even at the time of the interview, he had been kicked out, and was gone for a week, I didn't know where he was or what he was doing. My issue is that me and my husband have been having a lot of problems, including infidelity, and I've already kicked him out several times, and his stuff is out too. Like he only has a few clothes here and there, in case an investigator comes to our house, would that be an issue if I told them I kicked him out, even if I had a few of his items? Would they deny him,and I wanted to know if I went and filed for an annulment or a divorce before the second interview, would it be a major issue, I've heard so, so many horror stories, like I will get arrested because the marriage looks fake and all that, I just want to get out of the situation. Can I still file for a termination of the petition? Or should I wait it out. I don't have money for an immigration attorney, because I pay all the bills, and plus I have two kids whom aren't his. Please advise on what I can do. Thank you for your time.

It's too late for annulment, you must file a divorce. There is no implication on your side, no matter how long the marriage last. If he no longer lives with you, there is no need to notify him that you want to put this to an end.

File for a divorce asap, when you get a divorce decree, send one notified copy with cover letter to USCIS, stating that your marriage has ended and you request sponsor's responsibility be terminated.

Sorry that it happens.. be strong and move on.