Removing conditions filed June but now filing divorce complaint

[WombatWombat 9]

My husband and I filed for removal of condition in June (Vermont Service Center) and provided all necessary paperwork to prove bonafide marriage.

He wanted to return to his home country, so I booked him a flight and he left last Sunday. While the initial plan was for him to return in April, I realized in the meantime that our marital issues are so serious that I no longer believe that the marriage is viable, even though I love him. While I am not necessarily ready to end the relationship, and I still have his best interest at heart, I feel that the most prudent thing for me is to file for divorce as soon as possible in order to not risk further financial entanglement. I am willing to go to a green card interview with him, and also confirm that the marriage was bonafide in my eyes.

Originally I felt that since his removal of condition will be granted within a month or so (according to the timelines), I didn't think I had to notify Immigration as we had no intention of separation prior to this week. I figured that if it comes to an interview, we could just explain that this was a recent development and not foreseen (however, if there is an interview, we would have to reschedule since he is out of the country for several months).

Now 2 people told me that I have the obligation to notify immigration and he would have to re-file removal of condition with the waiver and divorce decree.

Is this really a necessity?

What would the steps be (is there a sample letter)?

Would he have to file and pay the filing fee again?

He already completed biometrics in June.

I also believe that there is a good chance his permanent card would be issued and sent before the notification would be matched up with the correct file.

What if the divorce proceedings drag on for 2 years, should he not consent?

He has the letter of extension valid until August.

His return flight is booked for end of April, so since a return flight is booked, his address would still be our married domicile, correct?

Thanks for any input. I don't want to ruin anything for him, but it is very hard for me to face the truth that things will not improve and divorce is the only sane choice for me at this point.

[Cheezees 1,514]

While marital prblems/issues are not the concern of USCIS, if you divorce before his ROC application is complete, he would have to refile with a divorce waiver. He will then get a RFE (Request For Evidence) notice asking to produce the final divorce decree. It is understandable that most divorces are not granted immediately so prolonged proceedings will not be an issue. However, you cannot divorce, say nothing to USCIS, then hope everything just flies smoothly under the radar because his address won't change. Refiling with the correct paperwork because of a change in marital status has no added costs. Whatever you do, do not lie about your circumstances.

[Merrytooth 5,748]

If you wish to withdraw the jointly filed I-751,

You can mail a letter stating your intent to withdraw jointly filed I-751 (due to your impending divorce) to the local office, and the address you submitted the application to. Include a copy of the Notice of Action letter, case number and reference his A#. Further you can make an infopass appointment and drop off a copy of your withdrawal.

Then your soon to be ex spouse will need to file his own I-751 with divorce waiver.