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I-751 pending. Divorce now and file waiver?

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Good morning,

I know there are some post of related matter but I'd like to ask the members what is good for my case.

 

I came to the United States in 2015 with my K-1 Visa and got the conditional greencard.

back in 2016, my Ex(well he is technically still my husband but I'm calling him as an ex) got changed really bad and got out from the house. we've separated since then.

 

If you wanna know what happened... here we go. you can skip this part 

in August 2016, He accused me cheating on him with my coworker who is gay. My coworker wanted to talk to him to tell him he is not interested in girls but well, he didn't wanna listen. 

From earlier that year, he didn't want me to do something without him away from the house but he didn't want to spend time with me. He just wanted to lock me in the house. 

After he got out from the house, I was in really bad depression and got real bad health issue so he said we can try to work on the marriage but didn't work. Actually, he didn't do anything. He was gone. I couldn't see him for months.

The house we had(and still have) had some issue and I had to move out from that house in July on 2017. He said he was gonna move back in but didn't.

Later I found out that he actually had a girlfriend when we were "supposed" to work on marriage. or actually even before! I don't know how long they've been dating but I know it has been awhile. Last year he moved out from TN and went to Illinois to live with her. 

He didn't know that I knew all about that until 2 weeks ago. He was FREAKED OUT. He still wanted to have sex with me late last year and I said no but kept all his texts and naked pic he sent me. 

Well, I don't think that girl knows what he's been doing to me  but I am not telling her anything because I want her to keep him forever :) and ever after. 

His family is on my side and they told me what he's up to. They are so happy for me that we are getting divorce. HA They don't like what he's doing and they are want me to be happy just ending everything with him ASAP but still keeping relationship with them. they don't even't talk to him.

 

 

November of last year I applied for the green card. we were already separated but he agreed on helping me get my 10 years green card. I think it's a way for him to feel less guilty about what he has done. He said he would wait with me to get my greencard done and would go to the interview as well if needed. But he's getting impatient. maybe it's because I got the conditional one in 3 months without an interview.... 

He's keep asking me about GC update that I ALSO WANNA KNOW SO BAD!! and I met a person that treats me way better and makes me to think why the heck did I deal with my ex before and even tried to work on the marriage. I am happy, and wanna get done with my ex ASAP since he's asking me stupid questions every day (He is super nice to me lately and all his family and my friends think he is having an issue with his girlfriend and may wanna come back to me WHICH I AM SAYING F NO.) and also I want this person I'm with doesn't feel he's with a married woman. 

so, if it's not so risky, I am just gonna file divorce and file the waiver.

 

Some people of the forum said I should notify USCIS to as soon as I file the divorce.. and some said I just need to wait until it's finalized.

I am going to file the fastest option we can choose, so it will only take a month to finalize.

 

so my questions are

 

 

1. what is the process for the waiver if you already have a 1-751 pending? file a divorce- finalize - waiver?  it is received at the local office like others btw. 

 

2. how risky is it?? 

 

3. if my boyfriend wants to marry me while the waiver is going on (after the divorce) .. do I need to wait until the GC gets approved?  We both are not really young. I can see he wants it. I didn't say anything but I'd like to have an idea what can we do if it happens.

 

 

 

 

 

 

 

 

 

 

 

 

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