The 751 will not be granted. You need to refine independent of your spouse. You will be required to submit evidence that your marriage was entered into with good intentions and you will need to be divorced before you file. It is suggested you retain an experienced immigration attorney to assist you.
You need to file an I-751 joint petition waiver as soon as your divorce is final. Please see
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.
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