Oay thank you for clarifying. I thought you were just applying for your green card now because you did not mention that you ALREADY HAVE your green card. That is something very important that should be mentioned. My answer is different now.
I will send you an updated answer now. Please remember at the end that I only receive credit when you leave me a rating. I don't receive a salary from this website. Thanks in advance.
I'm so sorry this is happening to you. I know that it is that fair but since you already have your 2 year green card, it is okay in the eyes of immigration if you are divorced. Legally once you are divorced, you can still get your green card. However you cannot be only separated. You NEED to be divorced. That is the only way that they can give you your permanent green card. You must get divorced as soon as possible. To get approved for the 10 year card, it's not only the divorce but also you need to prove that the marriage was genuine and that is why they are asking you for additional information.
Since they asked you for more information and gave you a certain amount of time to respond by, then they would not deny you until you at least that time that they gave you passes. If you don't respond within that time then they can deny you. If you respond and send more information, then they will take the new documents into consideration in making a decision. Yes, you may be called in for an interview if you don't send in any documents or if you don't in enough.
Some additional information you can try to get are just more pictures, proof of flights/trips you took together, driver's license with same address, joint bank account, joint lease, joint memberships, proof that you had him as your emergency contact at school or that he had you, and last resort you could get more affidavits signed and notarized from people that know both of you. That is really all there is that you can get.
VAWA is not necessary in your case. You don't have to report him if you don't want to because you have your green card. What you should do is send in any additional documents you can find right away. If you will NOT have the final divorce decree by the date that USCIS gave you to send in the documents, then you should request additional time to get the divorce before they issue a decision. I would highly recommend that you retain a local attorney to help you with this as it is a very delicate and complicated matter. You don't want to take any chances.
I hope that now this helps you more.
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