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I would very much like to answer your question but I am confused as to how your child's father is a resident and your child is waiting for an I-130 to be adjudicated. While I assume that this is because the child was born outside of the US, I am wondering why you are not part of the application process other than to assume that the child is going to come to the US without his mother. Certainly a possibility, but as a parent I have little diff ugly understanding that plan. My recommendation would be to seek the advice of a qualified and licensed attorney. Rather than make guesses at this, schedule a consultation with someone who can give you the guidance an answers that you need. Good luck.

If you are not going to apply for citizenship by the 3 anniversary of your green card (as a husband of a U.S. citizen), and going to wait another 2 years, than a divorce should not present a problem for your naturalization. There is a catch, though: in New York (and in almost every other state), you cannot get a no-fault divorce or a divorce on the ground of abandonment unless you state that your marriage has fallen apart for 6 months (no-fault) or 1 year (abandonment). If that takes you within the time limits of your conditional residence, you will likely have problems with USCIS during your naturalization process. So make sure that your divorce attorney happens to understand the immigration law.

If your husband is seeking a temporary stay in the U.S. only, then the appropriate visa would depend on the nature and purpose of his trip to the U.S. If your husband is interested in U.S. Permanent Residency, then you would file an I-130 Immigrant Petition for an immediate relative. Please note that filing an I-130 could have adverse implications on his ability to visit the U.S. in certain temporary (nonimmigrant) statuses so the timing of any application needs careful consideration. Please note that this information is generic in nature and is not intended to be a substitute for specific legal advice in a given situation.  If you have any questions about these issues or any other area of Immigration Law please contact our office.