Need urgent advice from anyone who could help me, this is my story I came to the US on a K1 visa to marry my fiance which i did this year, we already had a daughter together, and once we were married we applied to adjust my status, which is still pending, unforchantly me and my wife are just not getting along and i think we may well be heading for divorce, as my daughter was born here she is of course a US citizen, but of course i am not, i really do not want to have to leave the US and as much as it may hurt that my relationship may be over with my wife, it is important that i stay here and be a part of my daughters life who i love more than anything, is there any way any body knows how i could stay? is there a VISA I could apply for? I am willing to do anything to be able to stay with my daughter, whether that would mean becoming a US citizen or whatever, is there any advice anyone has? Thanks

There isn't much that can be done at tis point in time until you adjust.

You have two choices to stay:

You can 1) Wait it out and work it out with your wife until you adjust your status

of 2) Get a divorce and either go home.. or get another visa that will allow you to stay such as an employment or school visa.

Other than that, there isn't much you can do. Your daughter can petition for you to become a permanent resident after she has turned 21.

If I were to wait until after I adjust my status is that not dependent on us being together? or is it after you AOS you can then remain in the country no matter what your relationship or situation?

You already submitted your AOS documentation? so you are pending interview... right?

I would think that if there is proof that the marriage was entered in bonafide (and your daughter would be proof of that - I would guess) you should be able to adjust status.

If I were you, I'd try to talk to my wife, and get through AOS, or get a lawyer who would probably advise you better.

Good luck...

Thats for removal of conditions.

Might be an option, but you need to see a lawyer. Generally speaking you would be out of luck.

Like I suggested.. maybe it's time to make an effort to reconcile with your wife... You fell in love together for a reason, have you seen a marriage counselor yet... your marriage still may be salvageable...

Do it for your child...

Indiex,

I agree with Boiler - what rob&ana suggest might be an option, but it will take a good lawyer and he will be able to afford that new Bently he's always wanted by the time it's over.

Zyggy's recommendation to try to work things out with your wife at least until after you've adjusted may be your best option, although you haven't mentioned what her present thoughts on the relationship and your future are. Who knows, if you and she can stick it out to that point maybe the relationship will be in good enough shape to continue further.

Yodrak

I swear I am not channeling Dr Laura, but AMEN!

Suck it up, both of you OP & your wife. So what if life isn't perfect---guess what, marriage isn't always perfect.
You made a kid, do what it takes to stick around and do right by her.

/sheesh.

Hopefully reconciliation is an option, although judging from the OP's post, I get the impression the wife is not too keen on the marriage continuing. Perhaps I am wrong. In the event that it is your wife that believes the marriage should end, and your interest to reconcile is of little interest to her sometimes there are several ways to "skin a cat". If you both share the view that your child deserves the best future possible, your being able to take an active role in her life and provide support for her no matter whether you later end the marriage might be worthy of some discussion. Being required to leave and reestablish yourself back in your home country or find other alternatives to remain in the USA, absent the opportunity to gain LPR through a bona fide marriage, could present a hiccup in your earning capability.

Depending on how you get divorced and what state you live in, divorce takes a while, at least a year, especially with a child involved. Your AOS processing wont stop or slow down at all until there is a decree of divorce.

Since neither of you have filed yet it seems, you have time. Should you both decide to get divorced perhaps you can work out an arrangement to just be seperated until your AOS is completed. Besides the divorce judge can order that you should remain in the US for the purposes of supporting your daughter and I believe can proxy sponsor your visa for that purpose but only for that purpose under the LIFE Act.

The long and the short of it is that if you two are having troubles, seperate for a while maybe. Divorce is bad no matter what your situation is. Children are not a good reason to stay together in a bad marriage as someone suggested earlier because then you will have created a bad environment for your child to grow up in.

I thought one could adjust status married, and possibly divorced, but never separated? Someone else will have to answer that because I don't really know.

An alien can remove conditions placed upon permanent residency while married, separated or divorced. (Jointly while married and separated, so long as the separation is not one that automatically results in divorce, as in some states like NY. Alone if divorced).

As far as adjusting status from a non-immigrant to a permanent resident, if the basis for adjustment is marriage, the marriage needs to be 'viable". Of course, establishing whether the union is viable can be subject to interpretation.