and it's still under review. Since i'm married can i just file new adjustment of status OR you think it's better and safer to file new I-751?
If your conditional Permanent Resident status is based on your marriage to your ex-husband, I would advise filing a new I-751 waiver based on being in a good faith marriage that terminated through divorce. I would advise consulting with an experienced immigration attorney to discuss your options in greater detail.
This is what happens when people believe the I-751 is so easy to fill out . . . the form is free online . . . and the instructions are clear on the USCIS web site. However, nowhere on the Internet does it give advice as to any particular situation. All matters involving immigration law require the expertise of experience immigration counsel, because this is your life, your ability to remain in the USA. I wonder if you realize that if your I-751 is denied you you will be subject to removal and your re-marriage, even to a US citizen will not remedy this? You should immediately withdraw your joint petition and refile with the proper designation of a good faith marriage filing single after divorce. You are lucky you are divorced, it your divorce were pending, there are huge complicating factors. The bottom line is, seek competent immigration counsel. As they say, "Don't try this at home."
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