Ideally you would have filed for adjustment of status when the marriage was doing fine. If the reason for the divorce is related to domestic abuse you may have some options to discuss with an attorney. If the marriage may repair itself and not lead to an immediate divorce, you may be in your interest and the other parent's interest to now file for adjustment of status after careful consultation with an attorney, as it doesn't benefit anyone for you to be without status and trying to care for your kids.
Answered on Feb 06th, 2014 at 12:40 PM