ROC / Waiver / Not Divorced

[lady-alone 0]

I'm preparing to file the I-751 (Petition to Remove Conditions on Residence). My husband and I separated the end of March 2010, and are currently in the process of the court dates to obtain our Divorce. The first court date is this Friday where they will set our matter for trial (unfortunately, I'm not sure how long that will be).

My 2-year GC expires Feb 23/2012. I know that I MUST file before this date and am hoping that I will have the divorce certificate by then, but I might not.

I believe that under the "Basis for Petition" I am able to check (d) "I entered into the marriage in good faith, but the marriage was terminated through divorce or annulment." - and include an explanation that I am waiting for the divorce certificate. I understand that they will issue an RFE for the divorce certificate.

The evidence that I plan to submit is as follows:

- joint bank accounts from Suntrust (every 4 months up until termination)

- Copy of lease at apartment with both names on the lease

- Insurance for car showing each other as joint drivers/insured on each others' vehicle

- AAA Cards – joint membership

- Copies of drivers license showing same address

- Tax Return transcripts 2009 & 2010

- Copy of airline tickets from trip to Las Vegas

- Letters from 2-3 friends outlining their experience with us as a couple

Should I include in my cover letter information about the pending divorce? My husband had claimed bankruptcy so we have no joint debt or credit cards and none of the utilities could be put in his name because of his terrible credit. I think I should include that also on my cover letter?

Since I am filing "alone", is the I-751 the only document that I need to submit? I keep reading about the WAIVER but can't seem to locate any document in addition to the 751 which I would fill out.

Any advice or suggestions are welcome.

Thanks very much,

Christine