QUOTE(panda47sl @ Aug 17 2007, 09:33 PM)

Her conditional green card expires next year. They have lived in separate residences for over a year, initially due to her job being too far to commute. She rarely went back home except for occasional social gatherings. Their relationship has since broken down. She wants the freedom to go out with others. He recently filed for divorce based on abandonment. She refused to sign the no-contest divorce after an immigration lawyer advised she would lose her green card if she did so. She told him she would sign the no-contest divorce only after she gets her green card next year. He feels he should not file the joint petition to have the 'green card' condition removed since they are no longer together. But she threatens that she would make the divorce difficult if he pursued the divorce in court. Somehow she's convinced she has to still be 'married' in order to get her green card. If they are no longer together, does he have the obligation to file with her to remove the condition? How can he protect himself from a lengthy divorce if she's doing so just for the sake of the green card? If he waits till her green card expires, can he more easily get his divorce with or without her consent ?
Don't be fooled, after she get the green card maybe she still make the divorce difficult. If the marriage is really doesn't bona fide, he could divorce her without her sign it. I have a friend did so, kind the same case. Some states has law that if a marriage couple don't live together for the period of time, it will be considered as separate that can lead to a divorce. Just contact a divorce lawyer to get more advice, and say if in the court she doesn't want to divorce, he can proof that she does it in a purpose, but he should have the evidence, I believe the law will be in his side.