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Divorce before green card/ while being pregnant

San Francisco, CA |

I've been married to my husband little more than a year. I am a derivative to his asylum case and we were granted this september. However, I want to divorce him now, it's not his fault-it's me- i am pregnant with another man. It's all very complicated! I understand that I can apply for the green card in September next year, and cannot get a divorce while I am pregnant, my due date is end of July. I really don't know what i should do at this moment! My husband is okay with the divorce as long as it doesn't jeopardize his status? What should I do? and how should i do it? i wish to stay in the state with my new born, my baby's bio-father won't be around! I am ready to be a mother but my husband is not! he also doesn't want anything to do with my baby! I understand completely! Thank you

Attorney Answers 3


  1. This a good time to sit down with an immigration lawyer and sicuss your complete immigration and family history. There are some facts missing from your statement that would drive my advice including how you entered the US and the immigration status of your baby's father.


  2. You need to retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. By divorcing, and having a baby with another man, you open yourself for USCIS to charge you with entering into a fraudulent marriage.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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