You absolutely need to hire an attorney for a waiver I-751. Believe me, it is in your interest to do so now, before your petition is denied and you are put into removal proceedings. En explanation letter is not enough here. You check off that you are married (because you are), and, by the time the I-751 interview rolls around (they are taking over a year at the moment), you can amend your petition. Good Luck.
If you are still married you would need to put married however, you should seek a lawyer for your particular case since by merely having a letter explaining the situation would probably not be enough and you would need additional evidence.
You cannot fill out the waiver request until your divorce is finalized. I would get an immediate consultation with an experienced immigration attorney to advise you of the best next action to take.
The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. firstname.lastname@example.org (732) 662-4125.
You are anoint to cause immigration trouble for yourself. Call am attorney.
VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: email@example.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com
This is a delicate, but not uncommon issue. I highly recommend that you consult with an immigration attorney to discuss this matter because there may be several steps involved in a case like yours. Since you are still married, you have to answer "yes" to the question about your marital status. And since you're still married, you cannot opt out of the joint-filing requirement. What may end up happening is that you file the I-751 jointly now - to avoid termination of your CPR status - and then later in the process indicate that the divorce is finalized and file another I-751 seeking a waiver of the joint filing requirement once the divorce is finalized. There's a lot more to it than this, and I agree with Attorney Vosbekian - it seems like you might be on the brink of causing yourself trouble. An ounce of prevention in the form of a consultation with an immigration attorney would be well advised at this juncture.