More details to this question:
Im korean. Me and my husband got married in korea 2013 and got in the states may 2013.we have 2 children. I came here without visa (i had ESTA). My husband was in the army but he got kicked out from failed drug test. He never tried to help me to get a green card. I been cheated he abused me physically and metally and abandoned me and children. I have experience staying at wonen's shelter for few weeks. We got back together after. But he did same thing again cheated abused drugs abandoned us. This year he got income tax money ($10500) n he was gonna give me half of it so i can get a green card and stuff but he disappeared. I dont get any child support or nothing since he left (December 2015) .I dont have any money for green card. And also i wanna get divorce. So what can i do to get green card and divorce I really need help im scared that he might take children away from me because im immigrant..
1 ANSWER
You appear to have a claim to self-petition under VAWA. To do so, you will need to establish you married your spouse in good faith and that you were battered or subjected to extreme cruelty throughout the marriage. You may file for divorce but it may be best to focus on a VAWA claim before divorce. Questions about divorce should be directed to a family/matrimonial lawyer licensed in the state where you live. If you cannot afford an attorney, you should speak to someone at the shelter where you stayed, they may be able to provide contact information for a pro bono organization that can help. You may also want to talk to a few attorneys as many allow installment payments for fees. You can read more about VAWA at http://myattorneyusa.com/violence-against-women-act.
Answered on Jun 10th, 2016 at 2:02 PM