married to a us citizen with a child

[szgntpsz]

Hi everyone,

I have a bit complicated situation that made me look for others opinions.

Year 2013..
I went to United States with a J1 visa by joining a work and travel program. During my stay, i met with someone and we got married out of love in two months. Then, she got pregnant. While she was pregnant for 5 months, we decided to separated and i went back to my country.
I overstayed with my visa for 6weeks.

We have never applied for permanent residency. While i was living with her, we had a lawyer and preparing to apply but last minute due to our seperation she cancelled.

Now, our child has been born and i am still in my country. We are talking about starting divorce proceedings but before i have a question.

My wife is not willing to support me on getting a green card but our marriage happened in good faith.
Is there a chance that i can get a permanent recidency in us? I am asking because i want to be closer to my child.

Does anyone has an opinion or knowledge about this?
P.S. i can provide more info if it necessary

Have a great day and thank you for the answers

 

[lvnp]

If she's not petitioning for you you cannot get PR. If you pay child support and have either join custody or visitation rights then still immigration wise I do not think you can use it for you advantage. This is a complicated situation and you need expertise in family and immigration law. Be careful during your divorce to not lose your child. Do what ever is necessary hire a good family lawyer support the kid and keep your rights.