After 15 months and everything is getting worse...

[It's me 1]

I feel that maybe I should re-apply and get a divorce. But I can't find a Lawyer that would support that. That really scares me.

A lawyer works for you, not the other way around.

Withdraw your paperwork...

File for divorce, submit your paperwork, since you entered the marriage in good faith.

I think you will only have issues if you continue with the route you are taking now!

I agree with you Bobby. If you do things the "right way" the first time, you wont have to worry about falsehoods comeing back to bite you in the but. Just do it the right way and be free

[ana751 1]

Do you guys think I should just put my evidence package together and send it in or wait for the RFE to come in the mail? This is a big decision. By Me pulling out my application at this point, no one can honestly know the outcome of it all. Also, if I stay waiting, no one knows the outcome either. I want to make sure I do the right thing. This is my future we are talking about. I could loose everything either way I go. My wife says she will back me up with my immigration process. If we have to go to an interview or whatever. I will make an appointment with another Lawyer to discuss this issue further.

[mbmw 0]

Listen to your lawyers,

I'm still married and everything is fine and I've been waiting 14months, no RFEs, so just wait,

[Bobby+Umit 161]

Is any of this advice based on anything other than gut feeling?

If the original poster withdraws the I-751 petition, will she not be immediately out of status? It is long past the time frame for applying for removal of conditions. She will be unable to refile until the divorce is final, which could take months or years, what is she supposed to do in the meantime?

I think the OP needs to talk to another lawyer. But in the meantime, here is advice from a lawyer's website, based (it says) on guidance from CIS:

CIS has provided guidance on what to do if a couple jointly files I-751 paperwork, but later separates or divorces before the jointly filed I-751 is adjudicated. If the couple separates, CIS should be notified so that the issue may be addressed at an interview at the local CIS office. If the couple divorces, new I-751 paperwork should be filed as a self-petition with a waiver request. In most cases, the waiver request may be based on showing that the marriage was entered into in good faith.

(from: http://srwlawyers.com/Resources/SRWBlog/ta...-Petition.aspx)

No JerIII, I did not give advice based on "gut feelings".

Look at what you posted (from the link)

CIS has provided guidance on what to do if a couple jointly files I-751 paperwork, but later separates or divorces before the jointly filed I-751 is adjudicated. If the couple separates, CIS should be notified so that the issue may be addressed at an interview at the local CIS office. If the couple divorces, new I-751 paperwork should be filed as a self-petition with a waiver request. In most cases, the waiver request may be based on showing that the marriage was entered into in good faith.

Which is what I suggested. Their case has not been adjudicated yet, and if they divorce and file new paperwork, they will have to withdraw the old paperwork. If she puts in the new I-751, that will preserve her status until it is adjudicated, don't you think?

Contacting CIS about the separationto be talked about at the interview is something I didn't know you could do, so thanks for showing that.

and reading more from your link you posted (which was full of good info, again - thanks!)

Perhaps the worst thing to do in this situation is nothing.

If a jointly filed I-751 is approved after a couple separates or divorces, that approval may not be seen as valid and the individual may run into serious problems if s/he attempts to naturalize.

Serote Reich Wilson, LLP (SRW) is currently working on a case where the couple divorced after jointly filing I-751 paperwork but before adjudication. The foreign national's previous attorney advised him not to notify CIS and the I-751 was eventually approved. The foreign national was rightfully concerned and consulted with our office. We advised that the proper thing to do now is file new self-petition I-751 paperwork with a waiver request based on the bona fides of the marriage at inception. We included evidence of the bona fides of the marriage including pictures, affidavits, tax returns, letters from mutual friends, invoices from marriage counselling etc.

Which I think everyone said not to do (as in, do nothing as the the OP's lawyer suggested.)