What can I do if my spouse will not continue the AOS process for me? 15 Answers as of December 16, 2011

You cannot file by yourself. Thus, if you leave, you can re-enter under some other new temporary status.

Your ability to stay here through marriage requires her cooperation unless you qualify as an abused spouse in which case you can self-petition. Alternatively if the marriage is not working out you can explore other nonimmigrant options.

Quite simply decide what is in the best interest of your family and stick to it. Otherwise, if she does not file for you, you could be removed from the US. I don't know enough about your case to decide whether your case could be a VAWA case for which you can self-petition. I doubt it but I can be wrong. Swallow your pride for a little bit and learn the lay of the land since you are new to this country. It looks to me like time will cure your problems. Good luck!

You can still stay and adjust your status if you believe you are a victim of abuse by your spouse. You can also work things out with your spouse for the sake of your baby etc. Please make appointment and meet in person to discuss this with an Immigration lawyer.

Sounds like you have a real conundrum on your hands. You need a U.S. citizen relative or an employer to file a petition to adjust your status. In the meantime, you can apply to renew your current Visa. Good luck!

It is not clear from your question whether "I don't want to remain" means that you do not want to stay in the United States, or that you do not want to stay married. It is the right of the American citizen spouse to make the petition for adjustment of status, or to withdraw it. If your marriage is in difficulty and your American citizen spouse will not continue the adjustment of status process, you may be able to self-petition, depending on exactly what your spouse has filed so far. You will have to prove that you entered the marriage in good faith. Your child is excellent evidence of good faith marriage. You need to consult an experienced immigration lawyer.

If you are now out of status, the only thing I can think of is VAWA, but it will not be easy.

If your wife does not go forward with the AOS there is not much you can do in that regard. Based on your academic qualifications, work experience and an offer of employment, it may be possible to have you qualified in a non immigrant work visa category. It may also be possible to become a full time student. It is highly probable that you will have to go back to your home country to pick up a new visa to await the approval of the visa. Competent immigration law counsel may be able to assist and attempt the application to keep you within the country while the appropriate non immigrant work visa is being processed by USCIS.

You may be eligible to self-petition under the Violence Against Women's Act. The law applies to both men and women who are in abusive relationships.

You likely have an amazing opportunity under VAWA (though it's tricky) to get your green card without him even knowing about it.