Divorce before green card/ while being pregnant

Asked about 3 years ago - 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. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  3. Philip Alan Eichorn

    Contributor Level 19


    Lawyers agree

    Answered . 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.

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