Green Card and Divorce situation

[albiwan]

Hello, this is something I have big doubts about. On April 2007 I married my (actual) wife. Since then things started to deteriorate a little bit by meaning that her behaviour changed. I was really suspicious but I never took the time to check what was wrong. In April 2008 we had our interview and I obtained my green card. In July 2008 I got a job on a cruise ship and I started traveling a lot (US included). In September 2008, while I was still away, she got arrested for drug dealing and her father helped me handling the whole situtation (as I was in Australia at that time). In May she's being put in jail for a total of 4 yrs. At the time of the first interview the officer told me I had to re-file after 2 yrs and that depending on the situation they would (or would not) call us for a second interview. At the end of this year I will file for the extension but at the same time I was thinking to ask for divorce as the situation with her is really unbearable. Can I still divorce, file my papers (including maybe her criminal record) and keep my green card? Even if I'm married she won't be able to come to the interview with me. What should I do? I'd like to keep my green card as I have a job and all these new friends (plus all the money we spent), plus I'm still in good terms with her parents. Can I divorce and then file or should I file and stay married? thx!

[Arcticfox]

You should only stay married if you truly want to be married to your wife. To do otherwise is immigration fraud. If you desire to divorce her, do so and as soon as it's finalized submit the I-751 form as a "waiver". There is no need to wait for 2 years after receiving residency to file a "waiver" I-751. Then be prepared to prove to the CIS that you had entered the marriage in good faith. Speak to an Immigration Information Officer for more information about the "waiver " I-751.