It really matters how your marriage will be dissolve.
The best option would be – an annulment based on immigration fraud. Annulment means that your marriage never existed. No marriage = no naturalization through the marriage. The truth is: annulments are really hard to obtain and they’re extremely costly. Basic annulment would cost you not less than $10,000. Think twice if you do really need it. However, annulment can be used as a great threat option – offer your spouse an uncontested divorce (the cheapest one), and if he/she will not agree – tell ’em that you will file for an fraud annulment. More than 60% of spouses change their minds after that.
The next good option will be uncontested divorce based on irreconcilable differences. This type of divorce will save you LOTS of money. Because a divorce is the most expensive part of the whole process. Fighting with your spouse in immigration is FREE. Fighting with your spouse in a family court is REALLY COSTLY. So my advise to you – save your money! Don’t waste them on your divorce! Offer your spouse a no-fault divorce, if he/she will not agree – threat them with an annulment.
Next type of divorce is contested divorce based on abuse / cruel treatment. This going to happen if your spouse will prove to a judge that you really abused him/her. Without a proof of physical abuse, most likely this attempt will fail. This type of divorce is really costly. Unfortunately.
Then after the divorce process is over and it’s finalized completely, you spouse has a right immediately to file for I-751 Waiver. If your marriage ended up in annulment based on immigration fraud, your spouse’s chances of getting a permanent card are close to zero. If marriage ended up in irreconcilable differences, your spouse has a burden to prove that he/she entered into a marriage in a good faith. If your spouse got a divorce based on abuse – most likely he/she will get a new green card.
Green Card Marriage Fraud: Fight Back! 