F1 / 485 adjustee on the verge of divorce

nandneel

New Member
Hi,

I am new here - sorry if I make any mistakes while posting.

I am currently on F-1 about to graduate by Dec. Recently I discovered husband's infidelity. We applied together for 485 last year / and date for labor was 2007 aug - looks like it is a very long process.

I have a job offer and a baby - I want to get a divorce but I am worried about my visa status.

Can I apply for F-1 OPT (I come under STEM so it would be valid for 3 years) even while having an EAD through the 485 process? If I get a divorce and my baby is US citizen, will I have to leave the country leaving her here since my F-1 status would end by December of this year when I graduate? My family is against this decision as they feel it is always the woman who is at fault - so I do not have the option of going back to India. Plus I am worried of losing my baby.

Please advise if any help is possible.

Thank you and regards, NN
 
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