You can still file the I-751 to remove the condition of your permanent residence but the process is a little bit different if you are not filing jointly with your spouse. Your case definitely requires the careful attention of an attorney as you could end up in removal proceedings if the I-751 is denied.
Use avvo's tool find a lawyer. You may have to withdraw the petition and file on your own but you need to get a divorce before you can file for a waiver of the joint filing requirement.
This answer is for informational purposes only and should not be construed as legal advice.
If you did a good job on your I-751 ... you might get lucky and have it approved without an interview.
Search Avvo for a divorce lawyer.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You may be eligible to file a "good faith marriage waiver," which requires that the marriage be terminated before you file a waiver to remove the conditional status via divorce. You must prove to the immigration services that you entered the marriage in good faith but due to unforeseen circumstances the marriage was terminated by divorce. Review divorce attorneys on Avvo. Also, consult with an immigration attorney on how he or she can help you collect the documentation you will need after the divorce.
The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.
Since you have already filed your I-751 while married you will have to update your application once you are divorced. However, hire a local immigration attorney to help you to start preparing your documents/application which can be updated without having to start all over with new USCIS fees. If you withdraw, you will have to file all over again and be subject to filing late - so do not withdraw. My experience with the Irving office is they will most likely want to interview you and wife, unless you update your application showing you are now divorced. These type of cases can get very sticky - HIRE a local attorney to help you.