Just to clarify, it sounds as though you have conditional permanent residence. As such, within 90 days of the 2 year anniversary of the grand (before 04/02/2011), you must jointly file with your husband to remove the conditions -- or if you are divorced you may file to do so without your husband. I think you would benefit by discussing these issues with an attorney so that you fully understand that legal rights that you indeed do have. Many U.S. citizen spouses unfortunately try to scare their partners with unfounded truths or threats (i.e. deportation).

It sounds like you entered into your marriage for love and affection, so the odds are in your favor of removing the conditions without your husband's help. But to further analyze this, I recommend that you schedule an appointment with a qualified attorney.

If you would like to visit our office in Miami, FL, please contact me for more information.

Sincerely,

First of all, you need to consult with an experienced divorce attorney regarding your situation and potential divorce.

With regards to immigration, you will not be deported unless you commit a serious crime that involves moral turpitude or unless you entered your marriage in bad faith. You have a conditional residence which expires on or before April 2, 2011. Within 90 days from that date, you will need to file Form I-751, Petition to Remove Conditions on Residence. If you are divorced by then, you will need to check square d: "I entered into the marriage in good faith but the marriage was terminated through divorce or annulment." That way, you don't need your husband to continue to sponsor you. Good luck.

Sorry to hear about this situation. It seems that your husband is blackmailing and harassing you using your conditional resident status. You don't have to give him a 9-month child for a week at a time, it seems to be an arrangement not in the best intersts of a small baby. Do you work? Do you have money to support self and your daughter? If he ever abuses you, you should call police and file charges against him. Also, you can apply for a Restraining order if the situation gets out of hand.

First of all, talk to a qualified Divorce lawyer in your State and an Immigration attorney, who can be licensed in any State. You can file for divorce, get divorced before 04/2011 and file to remove conditions from your conditional residency ASAP (you won't even have to wait till 2011 to do so). I have assisted numerous clients, including those from Florida. One of my Florida clients in a very similar situation (only with a baby-son) just got her final divorce, sole custody of her son, supervised visitations for a husband, AND we removed conditions from her green card without her husband's assistance.

If you’d like to schedule a telephone legal consultation, please let me know, and I’d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn’t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com