You should hire an attorney immediately. The petition that you filed was a "joint" petition, yet you indicate that at the time of filing you and your husband were already in the process of divorcing - there could be an issue of fraud. Additionally, it seems you filed AFTER the deadline. There are too many issues to discuss in a forum such as this. You can email me at email@example.com if you have further questions.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
Your joint petition is invalid by the fact that you are divorced. There is no case to present. However, you can file an I-751 waiver or go to the interview without your husband and request that the joint petition be converted to an I-751 waiver. If the adjudicator agrees, you will be given more time to present documentation relating to the basis of the waiver.
Now is really the time to speak to an immigration attorney.
I agree with my colleagues.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Hire an attorney immediately. Just because you live together does not mean you qualify as being married. If you are divorced you are not married and you have no case to present, the fact that you are submitting applications to immigration stating otherwise is a major concern. I would expect you will have serious issues at you interview, particularly if you have not retained an attorney to try to correct this by that time.
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.