I was on a student visa and I got married August of 2010. I no longer attended school after I got married but have submitted all necessary immigration papers before my student visa expired. We had a baby November 2010. My problem is my husband who is a US Citizen is filing a divorce because of our endless fights about his fidelity in our relationship. I have just submitted the updated Joint sponsorship papers because his income did not qualify at first. His father is my joint sponsor now. I am not sure where I am now with us getting a divorce and me without even a temporary green card. And what would happen to my baby?
If you are in the initial stages of the application and you divorce you will not qualify. I would speak with an immigration attorney as other relief may be available.
If your husband won't support your application, you can't get immigration status through him. You may need to look into the Violence Against Women Act. You should get advice from a good immigration attorney.