Although it is not clear from your statement, it appears that your wife probably has a green card that is valid for 2 years.
You should obtain an experienced immigration attorney.
Your wife should also obtain a different, experienced immigration attorney.
Your interests and your wife's interests are not aligned, and so you each should have separate attorneys.
If your marriage ends in divorce, then your wife has a possibility of removing the conditions on her permanent residence (going from a two-year green card to a 10-year green card).
(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.
I am sorry to hear about your situation. I agree that you should each seek qualified immigration counsel. The child will be a United States citizen. The issue will be whether your wife will be permitted to return to her home country with your child. Your attorneys will have many additional questions. You should speak with qualified counsel so that you can receive proper guidance.
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.
It sounds like you need a family law attorney more than anything in order to protect your rights.
On the immigration side, we would need more information to help you. Her rights will depend on whether you have applied for her green card yet or if she has a conditional green card. She can attempt to self-petition (if eligible) or if she has a conditional green card, she can file for a waiver of you having to file with her based on divorce or for another reason.
Be aware that divorce does invalidate an Affidavit of Support and you still may be required to support her even if she is the one that files for divorce.
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.
A weekly guide with tips and legal advice for each stage of the process.