I am sorry to hear that you are dealing with this issue. You should consider reposting your question for an immigration law specialist. In Massachusetts, a party cannot be blocked from pursuing a divorce in order to remain married. As a result, your husband may proceed with the divorce even if you disagree. There are certain exceptions for maintaining your green card status after a divorce. One exception is if you were a battered spouse. You should consult with a qualified immigration and family law attorney to receive detailed advice. Good luck.
Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.
I recommend speaking with an attorney skilled in divorce and immigration. At first glance it appears you have a conditional greencard, if you are divorced you should apply right away to have the conditions removed but as you have not lived as husband and wife it does not seem that you will be approved. I am doubtful that VAWA applies in your case but an attorney's careful review of your filing dates and facts will clear things up for you. Good luck.
This is not legal advice until I am retained and have reviewed all facts about your situation.
If you are not satisfied with your attorney, you should take steps to disengage him or her. It sounds like you need both a family attorney and an immigration attorney. You have a lot of questions that really depend on the particulars of your situation. It's unclear whether you have a conditional green card, but you would not apply for VAWA if you did. If you have your conditional green card, you can apply for a waiver of the joint filing requirement due to divorce or abuse. Feel free to contact me with questions.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.