The general rule is that ninety (90) days prior to the expiration of the conditional permanent resident card, the foreign national and his/her U.S. citizen spouse should file a petition to remove the conditions on the foreign national's conditional permanent resident status.

If the foreign national and the U.S. citizen spouse cannot file the petition together, then the foreign national may be able to file the same petition with a waiver of the joint filing requirement. Depending on the reason behind the couple's inability to file the petition together, the timeline during which the petition can be filed and the documentary evidence to be submitted with the petition, will differ. Some of the more common situations are briefly described below.

Foreign National & U.S. Citizen Spouse are Separated

~ When can the foreign national file?

¿Any time after approval of conditional permanent resident status and after separation and prior to the expiration of the conditional permanent resident status and/or removal
¿However, if the couple is currently separated and have commenced divorce proceedings, it would be ideal to file after the divorce is finalized.
¿If this is not possible because of a rapidly approaching expiration date of the foreign national's conditional permanent resident status, then they may still file but should ensure that the divorce decree will be available in a reasonable time period (i.e. before the application is adjudicated). Since the waiver option applies for those foreign nationals who are divorced, not merely separated or in the midst of divorce proceedings, the divorce must be finalized prior to the petition's adjudication.
¿Thus, filing the petition with a request for a waiver of the joint filing requirement on the grounds that the marriage has been legally terminated would only be allowed in situations where the marriage has in fact been legally terminated.

Foreign National & U.S. Citizen Spouse are Divorced

~ When can the foreign national file?

¿Any time after approval of conditional permanent resident status and after the legal termination of the marriage and prior to the expiration of the conditional permanent resident status and after the legal termination of the marriage and prior to the expiration of the conditional permanent resident status and/or removal

For info see http://www.familytousa.com/remove-conditions-on...

If your divorce is final, you may move forward with the self-petition I-751 at anytime prior to your current expiration. (You do not need to wait until 90 days prior to expiration.) If the I-751 is required in your case, you should consult with an experienced immigration attorney who can review timing, docs etc.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com