I-485 pending. Divorce ahead. Can I change to use daughter for GC?

[abcxyz123]

My I-485 has been pending for almost 2 years now. The lawyer I submitted through filed to the wrong office which delayed my case. My husband, the US citizen, and I have been married since 2004 and recently I found he has been cheating on me for the past year or two and now wants a divorce to be with a new girl. We have a 2 year old daughter (born in the US) and he will fight to keep her in the US with him if I get denied my GC.

Can I change my I-485 status to use my daughter to get my GC even though she is 2 years old? I have a work permit and can afford the responsibility of taking care of my daughter should this divorce go through. I don't want to fight and risk taking my daughter back to my country (a place she doesn't know) and possibly never seeing her father again.

Please help!

[txh1b]

Minor children cannot sponsor GC for the parents. As your AOS is still pending and your marriage is not going to last, there is not much you can do to get the GC without the US citizen's support. You have to leave upon the divorce unless you have a means to stay here on a work visa or any other visa category.

Your soon to be ex-husband can inform USCIS and revoke his support based on the divorce.