divorce before interview student visa ok?

[scamper]

We have had a bad marriage, we are just not very compatible, and argue way too much. We feel it best to get a divorce before going further and bringing children into this. Interview is in a month. We have been through counseling, but still are just not happy with each other. Husband was in the US on student visa before applying for AOS. He is in school now, but lost his international student status after we applied for AOS last September. Is it possible for him to go back to student status if we prove that the marriage wasn't fraud with our counseling and emails back and forth saying we want a divorce? He doesn't care about receiving resident status, we only applied because family suggested it. But he definitely doesn't want to get deported. Any help would be appreciated!!!! Thank you

[scamper]

I found an immigration lawyer who answered my questions. He said that the student visa is terminated upon application for AOS, and that I can withdraw the case, but that hubby would get deported. I asked if we could divorce right after the interview, he said that happens everyday, marriages just don't always work out, but that it will be challenging later for hubby unless he can find another way to apply or something before applying for removal of conditional residency. I just need to cross my fingers that he wont sue me or anything later since I am his sponsor, he is a good guy, I don't think he will do anything, we are just way too different to stay married and feel good about having a family together that will be happy and contention free!