I have been married for two years and two months. My spouse moved here 15 months ago. We have a six month old child. I want a divorce. What will happen to my spouses status?

NKA

What is her status now?

BTW, Immigration status issues/changes are not state specific item as it is a federal issue

Condtional based on marriage to me.

Depends on when her status expires and what the status is of your marriage is at that time (most cases divorce does not happen overnight).. What if any assistance you are willing or not willing to lend to the removal of conditions process......

Regardless, she most likely can petition for permanent residency even if she is divorced... She must demonstrate that the marriage was entered into on a "good faith" basis... Having a child is a strong indication I would think.....

conditional status expires in February 2009. I am not monetarily willing to assist in the removal of conditions.
BTW I'm the SHE (us citizen) not HIM...and I am head of household financially. and I am not sure if the marriage was entered into in good faith, however, I know the child would strongly influence that.

NKA

Then the prudent assumption is that your husband can remove conditions if he has the desire and means. You need only concentrate on the divorce and its ramifications including the ramification for your child.

Whether your husband remains in the US and is gainfully employed will have major impact on the life of the child you two brought into the world, so all your decisions will be critical to that outcome.

FYI he is verbally abusive to me and he does it in front of our child

Even more reason for you to be less concerned about his immigration status and worry more about your current situation and the child's health and welfare...

Having a child does not show that the marriage was entered into for love, it just proves that you had sex. Considering you are the USC that will be less of a problem if he tries to remove conditions than if it were reversed.

Verbal abuse can often times lead eventually to physical abuse. You and your childs welfare is important considering this.

Sorry to hear about this, I am sure this is a tough decision.

For the record, "bona fide" and "for love" are not the same thing. "For love" is not a requirement but "bona fide" is.

Make your concerns known to USCIS and begin the divorce

It is so difficult because after we have one of these episodes he becomes all apologetic and doting and our child loves him so much. I know this is a classic cycle of abuse, I never knew how hard it was until now that I am in it.

In the state of WI and maybe other states for all I know, if either parent abuses a child, the courts will take that child away and place that child in a foster home. The love of a child for a mother is great so leads to a critical decision. Does your husband drink or take drugs? Did you seek consoling for him? Not that does any good. I as a big tough man can't even visualize another man abusing a child, especially, and especially if that child is his own, he could also have some kind of a mental problem that should be looked into.

My course of action if you wanted to save your marriage would be to separate and have your husband seek treatment, he is not good that he be around your child and see what happens. In my own personal case, our separation was court ordered with an abusive wife toward my kids. After a year, she came back, okay for a couple of days and same old crap again, that led to another separation and a divorce and since all this was in the record, I had no problems getting full physical custody of my kids, and that is rare. Your husband can still claim visiting rights if you just get a divorce and even take your baby away for a weekend, unless his abuse is documented, this can happen. But much depends on your state laws.

Ironically, my present wife went through the same thing with her ex and had a court battle to bring her daughter here, we both care about our children that was the initial attraction for us that led into a deep love. After my divorce, I never wanted to get married again, until I met her, that is the miracle in our lives. Ha, tease my wife that when we were younger, we while very intelligent people, had a mating IQ of about 2.313 or in other words, we were both idiots for choosing our mates.

Both of our ex's are completely out of our lives, every situation is different, you never mentioned if you love your husband or not, doesn't make any difference to any of us, but he could have drug, drinking, or mental problems that causes his behavior, but it is his choice whether he wants to make amends or not. Believe me, I was tempted many times to plant my fist in my ex's mouth, that is no solution, would end up in jail with no care for my kids. Have to get social services involved, but that wasn't any fun either, a tough situation to be in, but now, all that is history and very happy with my wife. Miracles do happen.

From what you said, I would contact social services first, they will advise you for the protection of your baby, and keeping your baby I would think would be of your first concern.

Regarding conditional residence, the form covers circumstances where the immigrant is abused, but nothing about if the US citizen is abused. But that is his problem if he wants to stay here, not yours. If the guy is a real jerk, he will claim that you abused his child, better contact social services, that fact that you contacted them, makes a big difference. Abusers don't normally contact social services, matter of fact, try and run away from them.

I would not worry about his immigration status (most likely he would be able to remove conditions). But don't you want to consult a divorce lawer in terms of child cutody. This could be a good time to force him into some agreement. If he is abusive, you don't want your child be around such a father. Plus, he has to pay child support no matter what. Since he has a weak point right now (removal of conditions), it may be easier to settle other issues at this time.

I don't want him to remove conditions. I believe he married me just to attain citizenship.

Sorry for the unhappy situation. Are you sure that he just married you for citizenship? I would think that he may care some, you both did have a child together. I mean if he wasn't that interested in having a relationship he could have used protection to prevent having a child with you. I am not saying having a child with you shows love but, it could mean that he cares some. That's just how I look at it and I may be wrong.

Might be true-might not be true. Sounds like you just want to punish him any way you can (he might deserve it; we don't know the whole situation). This is very typical reaction for even legit bona fide marriages. Anger speaks here. I understand that you are in pain and that you hope that if he gets deported you would feel better.? The max you can do is call and write to CIS and make an infopass and tell in person what you believe (sounds like it is his word against yours will be).
"Angry spouse" letters is what pretty much everybody sends to CIS in divorce cases (bona fide or not). But most probably he would be able to remove conditions since you were living as a couple and had a child.
While I understand your pain, I would suggest to take the "real" benefits out of the situation (settle custody, alimony, child support) and don't waist your energy that much on gaining some emotional benefits (like doing all you can to deport him since your chances to succed are slim and you will be more upset-and the bastard will be happy that you tryed but failed).