I've been married to an American man for two years, but unfortunately we are separed; however, we haven't filled for divorce yet. My Green Card will expire in the first week of June, so as my driver license. I have not send the I-751 form to the immigration yet because I don't know what I have to do and my husband don't want to sign any immigration form.
You appear to be in a dilemma because of uncertainty of what your husband will do. You can have the conditional basis of your residence status lifted in the event of a joint petition or if able to show that you have a bona fide marriage which has ended in divorce. I suggest that you submit the I-751 on time and explain your situation in writing with the application if you are still uncertain concerning his intentions and cannot have him sign. I also suggest that you begin working on a divorce action in the near future if it becomes apparent that he will not sign the petition. USCIS will take some months before reaching your petition and then will send a request for further evidence which will give you slightly less than three months from that date to submit a divorce decree. I note that whether in a joint petition or filing by yourself and claiming a bona fide marriage ending in divorce, you must submit documentation to prove the bona fide nature of your union. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
There are certain situations that allow you to file a self-petition to removing the conditions on your permanent resident status. Divorce will not automatically mean you cannot become a permanent resident. If you can prove your marriage was entered into in good faith at the time you married, then subsequent divorce will be irrelevant. Here's a link to more information about filing a self-petition: http://1.usa.gov/5BapUi
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