seperated, should we file for divorce?

[arsv 0]

Situation:

Currently married - (married in Jan 2007, been separated since late August, 2008.)

Immigrant spouse has CPR until June, 2009 (can petition removal of conditions as early as March)

We are splitting amicably, and I (USC) will help foreign spouse however I can, but also want to protect myself and move on with my life. You know love is blind and when it ends you are left with the mess.

In California, final divorce takes 6 months, so if we file in December, it will become final in May - meaning foreign spouse will have to file for removal of conditions in May. Is it possible to file for removal of conditions while a divorce is pending (assuming file for divorce in December and petition removal of conditions in March? Technically, at that time we would still be married. Any pros/cons for either USC or foreign spouse?

We were told (by immigration lawyer) that if we get divorced, and foreign spouse petitions removal of conditions by himself, then it may be more difficult for them to prove marriage was bona fide and they may not get 10 year visa. How much more difficult is it for the foreign spouse to prove the marriage was bona fide if they apply after a divorce? I have searched vj and have never found anyone being denied removal of conditions, even some cases that were rather sketchy.

If we stay married, then it is easier, as I (USC) am there to prove the marriage is bona fide. Can't I just write a letter? Furthermore, I am thinking about moving abroad, or at least to another state, and if it comes to an interview, I won't be here. I need to move on with my life too, ya know.

Of course the marriage was bona fide, it just didn't work out.

When I say protect myself, I mean financially. I'm sure it is understandable that when two people are married and in love, they will generously assume responsibility for the other in case of whatever. Meaning the spouse is "on the hook" for any debts incurred by the other." Now that we are no longer in love, I am not so willing to assume this responsibility. This is fair, right? Furthermore, we are splitting amicably and neither of us is asking for anything, property, alimony, nothing. We have no children or property for that matter anyway. Just this stinkin immigration process.

Can married couples draft a formal agreement, that will hold up in court or to debt collectors or whoever that their debts are theirs alone and the spouse cannot be responsible for them?

As we are no longer living together, obviously we have to send in change of address form, or at least one of us does. The fact that we are not living together now, will this affect the possibility to remove conditions?

Now as for the affidavit of support. I have read that people were able to successfully withdraw, but that was before the CPR was rec'd. Any chance to withdraw after CPR rec'd and before removal of conditions? Also, is there a link to exactly what constitutes means-tested benefits and what doesn't (I read unemployment benefits are not means-tested.) If I am not able to withdraw the affidavit, is there a formal legal document that can be drafted, provided we both agree, saying that I am absolved of this? He does have another sponsor, but I am the spouse.

Thanks for all your help