On any strategic legal issue of your pending divorce is it advisable and legally appropriate to consult with your attorney of record who is at best position to issue such legal advice as expertly familiar with all case's details firsthand.
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It seems like your question relates to family law rather than immigration law. I have changed the category for you.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.
The law provide for a waiver of the joint petition and your petition seems to have been properly filed. However, you will need to prove to the USCIS before they may approve your case that:
a) the marriage was entered into in good faith and
b) that your divorce is final.
If you have no assets to divide, no children and do not wish to ask for spousal support you there is nothing to contest, you should proceed with uncontested divorce ASAP. Good luck.
It seems it is not an Immigration question. You should speak with a Family divorce attorney
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.