All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
If a husband divorced his pregnant wife once and he did not take her back until the expiry of her waiting period, then she becomes irrevocably divorced (with minor separation); this means that he cannot take her back except with a new contract, a new dowry and the consent of the guardian.
It should be noted that the waiting period of a pregnant woman expires by her giving birth child. Also, if a husband initiates divorce, divorce takes place even if this is with the purpose of getting the citizenship and the like. That is because divorce takes place once a husband initiates it either intentionally or jokingly. The Prophet said: “There are three things which if they are done seriously they are valid and if they are done in jest they are also valid: marriage, divorce and taking back a wife (to marital bond) after divorce.” [Abu Daawood, At-Tirmithi and Ibn Maajah] For more benefit, please refer to Fatwa 82541.
In order to know the things that are considered as taking a wife back when she is still in her waiting period from a revocable divorce, please refer to Fatwa 89845.
Finally, we advise you to be patient with your husband even if his first wife is with him, as being patient with him may be better for you than separation especially if you have children with him.
Allaah Knows best.