Yes, but your case just got a lot more complicated. Retain an attorney at this point.
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
Work with an attorney as you're in a precarious situation. You don't need to have divorced in order to file for a waiver of the joint filing requirement if you or your resident child was battered or subject to extreme cruelty by your U.S. spouse or if your removal from the U.S. would subject you to “extreme hardship.”
Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: firstname.lastname@example.org / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.
The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"
You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.