Do I still be eligible to get my final green card the permanent one if we get divorced?

It depends on whether you are called in for an interview as part of the I-751 or not.

If you have already filed a joint I-751, you should contact CIS to amend the I-751 to reflect that you want your I-751 adjudicated on basis of self petitioning based on the abuse. As a matter of law, if an I-751 is denied, you will be placed in deportation proceedings where you can renew your I-751 based on abuse before the immigration judge.

Contact an experienced Immigration Attorney to review your options with you. It will be money well spent if it will guide you in the right direction. Immigration is Federal so you can speak to any of us. Many, like myself, will do telephone consultations as we have clients all over the United States. Good luck.

You will need to consult with an immigration attorney, either in person or by telephone, but privately and not on-line on a public forum. You may need to file a new or amended I-751.

If you have a properly prepared package, yes. But it would be better to wait for the final judgment of divorce.

It takes about 6 months for a removal of the condition (I-751) to be adjudicated. If the package was poorly documented, you might get a Request for Evidence (RFE), which will delay the adjudication. If your I-751 was filed properly more than 6 months ago, and was well documented, you might get an approval any day now. However, if the I-751 was recently filed, was poorly documented, you need to act quickly. If your wife writes a letter to the USCIS indicating she no longer wants to help you out, the I-751 will be denied. You need to locate an attorney that never represented your wife. This attorney will work only for you. There are three other ways to file an i-751 without your spouse. 1. Good faith waiver. This is the easiest way. It is like the package you just filed (Must contain evidence of life together, and joint documents such as pictures, tax return, rental agreement, joint AAA card, joint bank accounts, etc.). However you must provide proof that your divorce has been filed or is final, and explain the story of your relationship (how you met, what was good, was made it go bad, why getting a divorce). It is best to file with proof your divorce has been filed, then wait about 6 months: The USCIS will send you a RFE asking for the final judgment of divorce / dissolution., which you will submit at that time. (This is the type of waiver which I file the most frequently) 2. Abuse / Domestic violence waiver: This is more difficult than the previous option. Must show you got married in good faith (Proof of life together), and include a detailed statement about the abuse. There is no need to have a pending divorce. This waiver falls under VAWA (Violence Against Women Act). Despite the name, it protects not only women, but men too. (I file a lot of these type of waivers) 3. Hardship waiver: Must show that someone will suffer hardship if you are returned to your country. This is not used very frequently, and I have personally used this method only twice in the last 12 years. You do not have much time to waste. Get help quickly. Good luck.

You should be able to get your 10 year green card. Probably you will need the help of an immigration attorney. Consult with one.

If you divorce, you can get your 10-year card if you prove up that your marriage was bona fide when you first got married with evidence of comingling of funds and cohabitation.