married for 6 years, I-601 question

[b4b 0]

I've been married to a US citizen for over 6 years now. My I-485 was denied about 2-3 years ago, because I admitted that I was arrested in my home country but I had no record of the arrest and I was unable to get it. Right now I'm in removal proceedings. I've been to court 3 times. My I-485 was re-filed and my I-130 was approved. For my next hearing the judge asked for a I-601 Waiver from my husband. He said once this is done, I should get the green card without any problem (my arrest record from my home country was expunged long time ago)...

anyway, here is my question:

after 6 years long marriage things between me and my husband aren't working out....what happens if I move out and he's not fully cooperating (we will remain married though) will I still get my green card without the Waiver? Or us no longer being together automatically qualify me for removal?

thank you for any information

[trillium13 84]

Since you haven't actually received your conditional GC yet, I would think that if you and your husband separated, that you would no longer be able to apply to adjust status. If your GC is based on marriage to a USC, it has to be a bona fide ongoing marriage. If your husband isn't being cooperative, and as you admit, your marriage isn't working out, this is no longer a bona fide marriage. For you to live in separate places and still be married is not a basis to adjust status.

Someone can correct me if I'm wrong on this.