You must get divorced first and then you can apply for the 10 year permanent green card. The process can take up to 1 year or you may be interviewed again before they issue you the permanent card. Once you divorce is finalized you file for the waiver. You must proof that you entered the marriage for bona fide reasons and that she caused the break up with adultery would also help you.
I agree with Attorney Calehr. Just wanted to add examples of supporting docs one may submit to show proof of a bona fide marriage: 1) docs showing joint ownership of property; 2) Lease showing joint tenancy of a common residence; 3) docs showing commingling of financial resources; 4) Birth certificates of children born to the applicant and his spouse; 5) Affidavits of third parties regarding legitimacy of the marital relationship.
The best thing you can do for yourself is to work with an immigration attorney who can prepare a strong application showing that the marriage was bona fide and not entered into for an immigration benefit. Best wishes!
Theodore Huang, Esq. 626.244.7357. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.
I agree with my colleagues that you may still be able to lift the conditions from your residency by filing a waiver after the divorce is final.