QUOTE(OLA&JP @ Sep 14 2006, 08:12 PM)

QUOTE(sukimi @ Sep 14 2006, 10:12 PM)

There's some information missing. Baby aside, is it over between you? Had you planned on having children?
If the answer to both those questions is yes, then divorce him, stay in the country, and file for the 10 year green card without him. You don't need to stay with him to become a citizen.
But what do you mean by saing she doesn't need him. He has to give her Affidavid of Support again for 10 year GC?!?!?!?!
If not, how does it work?
No, he doesn't have to give an Affidavit of Support for the 10 year card.
Familiarize yourself with the process here:
How Do I Remove the Conditions on Permanent Residence Based on Marriage?How Can I Get a Waiver of the Requirement to File a Joint Petition?If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
Your deportation or removal would result in extreme hardship
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.