Legal Question in Immigration Law in Virginia

Re: Divorce and custody between 2 non-citizens

No, you don't need to go to juvenile court to get a custody order unless your husband is going to try to secure custody of the child. (If there's a divorce, the custody issue will normally be settled in the decree.)

Yes, it could matter if you move away in determining whether and under what terms custody of the minor child is granted to you.

Sharing an apartment with a member of the opposite sex could in some jurisdictions adversely reflect on your parental fitness and

prejudice your position before a court deciding the custody matter. It also might provide a basis

for your husband to obtain a fault decree of divorce (depending on the jurisdiction) if he could establish the you committed adultery with the person with whom you were sharing the apartment.

As far as I know, you would have to find someone else to sponsor you for your green card (close family relative or employer)if your husband decides not to to follow through on his sponsorship of your pending petition.

Re: Divorce and custody between 2 non-citizens

Custody is a matter of State law. But I don't think you have to go to Juvenile Court for anything. It's legal, from a State law point of view, to separate without any court involvement. Besides, if your child is not your husband's child he wouldn't have any claim for custody. As for self petitioning, if your husband has abused you physicallly of emotionally you may be able to self petition. But since you have a "friend" my guess is that you aren't concerned about your husband's criminal record. You appear to have found somebody else and you are looking for some way to justify dumping your husband, who you may have married just to get a greencard. My guess is INS may see things the same way. So, be careful.