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  • Complicated personal and legal situation. Please advise.

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    Hello...I will try to keep my post as short as possible, but I really need some proper and sound advice. I married and came to USA, and am educated with a decent job. Currently on EAD under my husband's status (EB3).
    From 2004 I was a victim of intense domestic violence by my husband. I had to cover my injuries and bruises at work and with friends, with made-up stories. But in 2008, with help from a friend who witnessed his outrage, I finally called the cops and husband was arrested. He stayed in jail for a day, and promised to improve and work things out. Believing him, I withdrew all charges against him, and he got his case expunged. However, although the physical abuse stopped, since 2008 I have been a victim of verbal and emotional abuse, and it is very difficult to prove it. So much so, that he calls me mad.
    The current situation is that we now have a 2 month old newborn (yes it sounds crazy but I wanted to be a mom before time ran out). I love my child so much and want to protect him. Seeing my child's face, I do not want to stay in this marriage at all.
    Me and my husband have a bad marriage, and he still yells and screams at me, even in front of the baby. He feels that now he has trapped me. I m scared to call cops for fear that they will put my baby in foster care.
    I m willing to take counselling to help me sort out any low self-esteem issues. My husband, although he calls me mad, has asked me not to take counseling since he knows I will bring up the past.
    I know I have been weak all these years, even though I m educated and all. For some reason (due to social pressure in India, etc.), I could not gather enough courage to leave this failed marriage. But now, after being mom, I m ready to face hardship for the sake of my child, be it in India or here.
    My question is 1) How will child custody be affected? I m in the state of FL, and will they count a case of domestic violence in 2008 to determine child custody?
    2) I do not have green card yet, so I know I will have to return to India. In that case, how will it affect my US born baby? If court gives visitation rights, how can it be managed if I return to India?
    3) I have saved some money to fight court case if need be, although my husband earns more than 4 times than I do, but how much does average divorce costs?

    I will be thankful for any help. I know some of you may think bad of me for staying for so long, but now I m willing to fight for my baby.

  • #2
    Someone please help me with some useful info..

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    • #3
      You need a legal advice ASAP. However, I am very sure that justice will be served to you if the matter goes to the court. It really doesn't matter how much your husband earns. Local authorities should be able to put you in touch with groups who can support women in your situation if you don't know who to contact.
      Or you can go to a womens shelter if he's abusive there are ways of getting a divorce for free.

      Did your has filed your GC petition?

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