Hi,
I would like your thoughts on my situation please. I am from Scotland and am married to an American girl. We live in Florida. We have been married for 2years and 5 months. No children. I need to file my i-751 in Dec 09. However, due to my stupidity I now doubt that my wife will sign with me. Like a fool I had a brief affair and my wife found out about it. She can't forgive me and has left me. I doubt that she will now file jointly with me ( who could blame her). However, I have made my life in the USA and wish to stay because I love this country and hope someday that my wife will forgive me.
This is what I intend to do unless anyone can suggest otherwise. I need to start divorce proceedings and if the divorce can be finalised in the next 90 days I can file singley with the final divorce papers. If it can't be finalised that quickly I should still file asking for a waiver and then the USCIS will give me an aditional 87 days to complete the divorce. Is this right?
What I want to ask is do the USCIS still send you the receipt which acts as a 12 month extension if you file singley? and is that only when they receive the final divorce papers?
Secondly, Will I definitely be called for an interview if I file singley and what kind of questions can I expect. I have all the necessary documentation. In fact we were married twice. The initial wedding, just the two of us and then a big family wedding 18 months later when all the families and friends flew over. The marriage was most definitely genuine and I still love my wife very much but have let her down badly.
Will it go against me because it was me who made the mistake?
I don't want to divorce my wife but if I don't i'll get kicked out of the USA and then there would never be a chance of us getting back together.
Lastly, what does anyone think realistically of my chances of my application being successful and me being allowed to stay in the USA.
I would like your thoughts on my situation please. I am from Scotland and am married to an American girl. We live in Florida. We have been married for 2years and 5 months. No children. I need to file my i-751 in Dec 09. However, due to my stupidity I now doubt that my wife will sign with me. Like a fool I had a brief affair and my wife found out about it. She can't forgive me and has left me. I doubt that she will now file jointly with me ( who could blame her). However, I have made my life in the USA and wish to stay because I love this country and hope someday that my wife will forgive me.
This is what I intend to do unless anyone can suggest otherwise. I need to start divorce proceedings and if the divorce can be finalised in the next 90 days I can file singley with the final divorce papers. If it can't be finalised that quickly I should still file asking for a waiver and then the USCIS will give me an aditional 87 days to complete the divorce. Is this right?
What I want to ask is do the USCIS still send you the receipt which acts as a 12 month extension if you file singley? and is that only when they receive the final divorce papers?
Secondly, Will I definitely be called for an interview if I file singley and what kind of questions can I expect. I have all the necessary documentation. In fact we were married twice. The initial wedding, just the two of us and then a big family wedding 18 months later when all the families and friends flew over. The marriage was most definitely genuine and I still love my wife very much but have let her down badly.
Will it go against me because it was me who made the mistake?
I don't want to divorce my wife but if I don't i'll get kicked out of the USA and then there would never be a chance of us getting back together.
Lastly, what does anyone think realistically of my chances of my application being successful and me being allowed to stay in the USA.
You have many many questions, will address key ones in short and with a bit of sarcasm. 
. Filing individually is likely going to have you appear for interview before an IO, which will be a humdinger of an event and possible PPV event... 
I don't think you should rush to hire a divorce lawyer, wife might need time apart from a cheating husband. Filing for divorce is own choice, courts have distinct time-table and the chances of a divorce being finalized in 90 days are improbable, unless it is divorce on steroids...
Having married twice won't prove that it is a genuine marriage, as an IO I would wonder what made your marriage genuine but enable you to jump up and down on top of another woman while you have a wife at home? Or why would you allow another woman to jump up and down on top of you 
Yes, infidelity will reflect poorly on your moral character, huge negative for USCIS...