Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating. She may start the divorce process now. It doesn't matter who starts it. She also does not have to wait until her conditional green card expires. She will have to file an I-751
waiver. Here is some information on that: http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:" She will need to submit evidence similar to the evidence that she submitted at her marriage interview. She must prove that even though she divorced or is divorcing, her marriage was not entered into solely for the purpose of obtaining an immigration
benefit. Here is a list of things that I like to give my clients and I know that she may not have all of these things, but the more she has, the better it is.A letter where she describes, in a very detailed fashion, the circumstances in which she met her spouse, the reasons she married, and the feelings and emotions that she had or still has towards him, and why.If they have a child or children together, the birth certificate for each child.Wedding pictures and pictures of other moments when she and her spouse, and other members of each family and friends have been together.Very detailed letters from people who know them and who are witnesses that their marriage was valid, who were at their wedding, or who knew them as a married couple.Love letters or cards that they received from their spouse while in the relationship.Letters from people addressed to both of them, or in which the person who wrote the letter refers to both them as a couple.Any types of documents that have both their names on them that show that they bought a car, a house, furniture, or anything else together.Any rental or lease agreements for their home or apartment with both of their names on it or a letter from the building manager or owner proving that they lived together.Bank or financial statements that show that both had or have a savings or checking account together.Any insurance documents that show that they were or still are covered by their insurance plan, or that his plan covers or covered her.Bills, such as electricity, water, heat, cable TV, phone, or others that show both their names.Jointly-filed Income tax papers (both their names).An identification card that shows that his spouse's was using his last name.Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.Any other documents. Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.