You need the divorce to be final in order to apply without your spouse. You should hire an immigration attorney as soon as possible to help you.
Alexus P. Sham email@example.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
I agree with Mr. Sham. You can request a waiver of joint filing requirement, but you must have divorce judgment before you can file the I-751 petition. You need to document that you entered your marital relation in good faith and that the failure of your marriage was not your fault. You should consult an experienced immigration attorney immediately because some of the document that could be helpful can negotiated with your husband during the divorce proceeding when you try to reach a settlement agreement. Once the divorce is final, it would be so difficult to get any kind of cooperation from your ex-husband. Best of luck to you.
Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.
It's 'likely' that you do best filing after divorce. It may be difficult to prove that he was abusive to the satisfaction of USCIS without a court order to that effect.
You may consider an order of protection with a divorce attorney; it may help restore some shelter if you need it depending upon the facts.
Either way, you should consider hiring a competent and experieced immigration attorney to help with the I-751 documentation process. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.