I am a 22 year old german citizen and conditional permanent resident of the U.S due to being married to a U.S. citizen. My husband and I got married in Denmark in 2007, then moved to the U.S. together in January of 2008, where we started my "Adjustment of Status" in Illinois. Since October of last year I have been back in Germany, however, I do plan on completing my education in the U.S. Due to (well documented) both mental and physical cruelty, I am going to divorce him and was wondering where to go from there. Once the divorce is finalized, will my permanent resident status automatically be terminated? The card does not expire until November of 2010, but I was wondering which route to take to apply for the 10-year card, since filing jointly will be out of question. He is a Operation Iraqi Freedom veteran with several mental illnesses and a severe drinking problem, all of which has been documented by doctors. Since he has been both mentally and physically abusive throughout our marriage and police reports as well as his medical records document this cruelty , I was considering applying for a waiver of grounds of extreme cruelty. However, the major problem is that I do not plan on returning to him or the U.S. until the divorce-court date, which means I have no proof in my hands whatsoever. I neither have any documents to prove the abuse nor do I have the necesarry documents to prove that our marriage was entered into in good faith. Considering the circumstances, would you recommend applying for a waiver? Or could I simply wait until I am divorced and marry my new partner and start the "Adjustment of Status" process all over again? Since Im lacking evidence and there is NO way for me to get it, I would prefer not taking my chances and start the process again, if possible. My new partner is a U.S. citizen also and we have been wanting to get married regardless of the green card issue. Would I be able to enter the U.S. as a tourist under the visa waiver program and get married within the 3 months that I am allowed to stay? Or would I have to remarry here in Europe and then adjust my status in the U.S. again?
I am hoping for some helpful, honest answers.