HI,

My Husband is a Canadian Citizen and he is working in USA on TN-Visa and I am on TD-Visa.

I am expecting a Baby right now, and I want a Divorsed due to some reasons.

I am a Citizen of India, and don't want to go back to My parents to depend on them, I want to stay in USA so that my baby should have a Good future. I am a educated Women did Master from India. I know I can do job and take care of my coming baby.

Does I have any legal right to stay in United state or on the basic on my coming baby. Please give me advice I don't want to go back to depend on my Family.

My Husband doesn't apply for the Canadian Citizenship for me, so I only have the Canada Visit Visa and TD-Visa.

Please tell me, do I have any right/way to stay in USA.

Thanks

Though the baby is US citizen by birth, it does not mean parent(s) can stay in US legally. Your child will be eligible to petition immigrant visa for you when he/she is 21 years of age.

Your legal status will be ended when your divorce is final. So if you don't want to return to your home country, the best call is put the divorce on hold for a while, and start looking for a job that employer is willing to sponsor visa for you. It may take several months or maybe a year, depending on quota, on job market, etc.

Have you tried marriage counseling?

Thanks for your reply, I really appreciated and I was waiting that someone give me some way out.

Well frankly I come to know that he is already married, and he hide it from our family and I am like totally stuck. My family wants to get divorced immediately and come back. But I don’t want it in that way. So there is no way I can do the marriage counseling? He is just playing with me and make my life a hell. I don’t know why MENS do that thing? Why they play with other life’s….

I want it but at the same time I want to live here too for my baby future. And my baby delivery is about after 5 Months now. And I want my baby... I love it. He is the only hope in my life whenever I think about it.

Can you please explain little bit what you mean to “put the divorce on hold for a while”. Means legally in a court? Can I do that?

As you told that I put my divorced in hold in USA court right. But my question is my marriage papers are registered in India.

So if my marriage is not registered in USA. Can I proceed here?

Please advice me can I proceed in USA court on the basis of Indian Marriage Paper. Or there is any way Can I registered here for the proceeding so that I can stay here and I the meanwhile I can find employer.

Please reply me it’s a request, I really need advise to take the right step.

Thanks

You can file a divorce at family court in your area, no need to file it in India as long as he is here in US.

Find the job first... it takes several months or probably over a year to obtain employment visa and definitely you will need an experienced immigration attorney. Once you get employment visa, then you can file a divorce. If you choose to divorce now, you will be out of status and won't be eligible to change status or obtain any types of visas.

Thanks again for your time to answer.

Now I am at least clear, that I have to stay with the current status and I the meanwhile need to find the Employment Visa.

Are you Lawyer?

Can you please tell me how to get the Employment visa?
Can I apply now and When I can get it?
How much does it cost me?

I am interested in it Immediately.

Please advise.

Thanks

First of all, you must get a job offer from employer who is willing to sponsor visa for you... the employer will have to start the process through department of labor, etc.

You must maintain your legal status... don't overstay ever.

Read here: Employment-Based Visas