I am the American citizen, my wife is the petitioner. Our marriage started with genuine intentions but it looks like there is no disney ending for us and we are likely to file a no fault, irreconcilable differences divorce.
Her two year green card expires at the end of this December and we had started preparing the 751 paperwork. However, with this potential divorce wrinkle, I want to get some feedback on whether to file jointly still as married or for her to file single with divorce pending.
My understanding is we have two choices.
Option 1 – file joint i751 and start divorce. Send a waiver after divorce is finalized. Is this a messy process?
Option 2 – start divorce in immediately and file for waiver i751 as divorced. Would my wife need to send in proof of a pending or finalized divorce? I imagine we would not be able to obtain the finalized paperwork until after her expiration date.
I still want to help her obtain her 10 year green card. Any advice would be appreciated.