More details to this question:
I got married in korea and i been in the states since 2013 but i dont have a green card my husband never helped me to get it and have bad marriage whole time we have 2 kids but me and my husband not living together now i live with my kids we dont have a marriage certificate in the states so i wonder do we need to get divorce in te states and i want to go back to korea with my kids but he wont agree so what can i do? I been cheated abused abandoned
1 ANSWER
You should be able to seek divorce in the United States even though your marriage occurred overseas. You would either need your husband's permission or a court order to take the children outside the United States. You will need to speak to a family law attorney in the area where you live to discuss divorce and child custody matters.
You may be able to self-petition for a green card. Under United States immigration law a spouse of a United States citizen can petition for a green card if he/she has been subjected to battery or extreme cruelty. There is not enough information to assess your eligibility but it is something for you to consider. You can read more about immigration benefits under VAWA at http://myattorneyusa.com/eb4-visa-category-special-immigrants.
Answered on Jun 27th, 2016 at 1:55 PM