Divorce of file jointly? I-751

[shmonsh]

I married a US citizen two and half years ago. After living together for two years, he went overseas and we separated since. Actually before we separate, our relationship already went bad due to lots of things, and we both had new relationship outside marriage. Now he is still in abroad, and I live with my boyfriend and I am pregnant now, my baby will be born this month. My conditional residency is due next January and I think I need apply for remove condition pretty soon, I don't know how should I do it.
Even if my legal husband agrees to sign the I-751, what's the chance of approval to my application? Or should I file divorce first ? Please help! My baby is coming soon and I really don't know what to do?

[shmonsh]

I married a US citizen two and half years ago. After living together for two years, he went overseas and we separated since. Actually before we separate, our relationship already went bad due to lots of things, and we both had new relationship outside marriage. Now he is still in abroad, and I live with my boyfriend and I am pregnant now, my baby will be born this month. My conditional residency is due next January and I think I need apply for remove condition pretty soon, I don't know how should I do it.
Even if my legal husband agrees to sign the I-751, what's the chance of approval to my application? Or should I file divorce first ? Please help! My baby is coming soon and I really don't know what to do?

[Aguila]

shmonsh:

If you are in good terms with your husband you can ask him to sign the I-751 and file with your USCIS Service Center. I would start divorce proceedings immediately thereafter, so you can then once divorce is finalized re-file the I-751 with a waiver of the joint filing requirement.

You might get lucky and be approved in the joint I-751 while you get your divorce, and then you will be safe. If you are called for an interview you better rush the divorce, because even if your husband is willing to attend I would not suggest you to attend a marriage interview when it is clear that your marriage is already done.

[shmonsh]

Dear Aguila,
Thanks for your kind help. I just checked I-751, I have to list all my chidren in the form. The kid will be born is me and my boyfriend's, should list this kid in the I-751 and how will it affect my application?
Thanks again.