He must petition for your in order for you to adjust your status. Absent a petition, you cannot adjust. The child is a US citizen. He may stay with the father in the US or may leave with you to your country. That will depend on the father. He has the right to petition for the custody of the child and stop you from removing the child from the United States. This has nothing to do with immigration, it will be handled in the family court. The fact that you may be deported may give him a chance to keep the child. It will also depend on what country you are from and where is it that you are taking the child. It may be a big custody battle. If you married in good faith and you are still together, you have a child in common, maybe you should speak seriously with your husband and apply for your paperwork. It would benefit your child that is also his child to keep both parents together. If you guys are not longer together, then that's different. You, under no circumstances, shall commit fraud.
Answered on Feb 27th, 2012 at 4:10 PM