My spouse and I live in California and we've dated for over a year and then finally married last January 2008 unfortunately our marriage didn't survive. My status is conditional and it's about to expire in August 2010. I know that I can file for a waiver but I guess ultimately I would like to know how the divorce will affect my status. What are my chances of getting a permanent GC or due to the divorce will USCIS just renew my conditional status for the next couple of years? Thanks in advance for your help and thoughts.

Your divorce will not affect your removal of conditions as long as you can prove up the bona fides of the marriage. You need to file the I-751 as soon as you are divorced and include evidence of cohabitation and co-mingling of funds.

As your CR is expiring August, you do need to move on the divorce. If you do not have the divorce finalized, when you file the I-751 with the good faith waiver, include evidence of the filing of the divorce, the USCIS will schedule you for an interview and then issue you an RFE giving you 87 days to provide the divorce decree.

You will be able to file for natz (generally) at the 4 year 9 month mark from the date your CR was granted. Hope this was helpful, sorry to hear about the marital difficulties, but good luck with the immigration.

My wife is still in limbo in terms of filing the divorce itself. So what will happen if I file the I-751 waiver and before we file the divorce? Another question is is there even a possibility that the USCIS will extend my conditional status since I will be divorced from my US Citizen spouse? Thank you for your reply, as you can see I'm pressed for time and I's still confused. God Bless!

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Originally Posted by Desultory12

My wife is still in limbo in terms of filing the divorce itself. So what will happen if I file the I-751 waiver and before we file the divorce? Another question is is there even a possibility that the USCIS will extend my conditional status since I will be divorced from my US Citizen spouse? Thank you for your reply, as you can see I'm pressed for time and I's still confused. God Bless!

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It depends on whether you file joint or with the waiver. If you and your wife are in counseling and attempting to reconcile, you can file joint and go to the ingterview together. If you are divorced and married in good faith, the CIS will approve the RC and issue you a 10 year card.

If you believe your marriage cannot continue, you should file for divorce, so you will have some measure of control over the RC process. I advise you to confirm this with an experienced immigration attorney. Good luck.

Agree with NYcityboy...

Don't try to do this on your own, it's too risky... and many have failed.
Find yourself a good immigration attorney... you need one. Good luck.

Thank you very much! Your responses have been very helpful. Good luck with your respective careers and may god bless you for your good samaritan efforts.