QUOTE(firstbenjamin @ Feb 18 2007, 02:55 PM)

[size="2"]I came here about 2 yrs ago, K1, and my wife, who was then my fiance had filed for me. We had everything going on fine with us, until we got to know eachother some more. I guess the 90 days we had to get married was too short to know if we were totally compatible.
We have been having a lot of marital problems, and have been blaming eachother for that. Left to me, I just believe we are totally different to get along...yeah, its like my brains turned upside down is the shape of her brain. She moved out of our home about six months ago, that seemed like relief, and all of a sudden showed up yesterday with divorce papers. Her reason being that she can't get along with me. I know i have to be my exact opposite to get along with her, and that's very hard.
My question is this--- I know we have to file the Removal of conditions stuff together, and when we're divorced that'll be hard. what happens to me? Does that make me subject to deportation? Do I need to marry again to stay? Pls any comment would matter to me now
If you have a conditional green card, divorcing the US citizen spouse should not affect your ability to remain in the USA. You will need to demonstrate the bona fide nature of your marriage and show that your intent upon marrying was not for immigration benefit alone. Gather all the documentation you have that shows co-mingling of financial affairs, tax returns filed as married, and any evidence you have that you were residing in the same home from the period when you first married until the date she filed for divorce. This will accompany the petition to remove conditions. As a divorced alien, you can submit the form I-751 alone. This is known as self-petitioning, or commonly referred to as waiving the joint filing requirement. You will need to finalise the divorce prior to submitting a waiver of the form I-751 to remove conditions from your permanent residence.
If your wife is amenable, you can file that form I-751 jointly, even in spite of the fact that a divorce is pending. However, if you later become divorced, this joint petition would have to be withdrawn and replaced with a waiver. The regulations stipulate that the Servica cannot adjudicate a joint petition if the parties' marriage is now legally terminated or annuled.
If your wife is not amenable to a joint filing of form I-751, your only option is to get the marriage terminated quickly, and await the divorce decree in order to submit the waiver.