I sounds like you need a good attorney to help you. You won't be eligible to file a new I-751 with a divorce waiver, because you are not divorced. Is he refusing to come to the interview with you? If you are having marital issues but you are still working on your marriage, you may want to consider going through with the interview as long as he is willing. Otherwise you will have to file a new I-751 with a hardship waiver.
If he is refusing to attend with you, you may want to take a look at your options. I'll attach an article on the subject.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.
No matter what make sure you go to the interview. How to handle it depends upon many factors, including whether you choose to divorce. I would highly recommend you retain an attorney immediately. My firm handles immigration and simple divorce matters in NY.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, 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.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
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.