i want to divorce my husband who is awaiting his green card

Hi! I am living in US with my husband and kids. My husband, my two kids and I are Canadian while one kids is American born. My huband has a T1 status I beleive or H1-B and we are waiting for his green card to arrive. He should be getting it soon. But we are thinking of getting a divorce. I dont work since I cant legally work in US, besides im a full time mom. I have no support, whatsoever, in US other than my husband's financial support. I am completely dependant on him for money. I brought him to Canada and got him his citizenship but now Im sufferring. He is very abusive. I would like to live with my family in Canada but Im not sure if I should wait for the green card to arrive before filing for divorce. Or should I stay in US throughtout the divorce case? What if I move to Canada and file from there, do my kids still get the child support? is it better for me to stay in US? I am also going to visit Canada while the green card may be on its way. Does that cause any implications? Will I be able to reenter the US? Are there any precautions I should take? My main concern is that i dont want to loose my kids and I want to provide them with as much support as possible (which is only my family in Canada).

Your best bet is to seek council with a family/divorce lawyer.

I don't quite get what you're saying here, you're saying you're all Canadian and you live in the US and you're awaiting LPR status? And you're on TD or H-4?

Whether or not you can successfully leave and re-enter depends on where he is in the application process, although as he is the person applying for AOS and you're just listed as dependents it's not such a big deal as you have valid non-immigrant status. The main problem would be if you leave and he completes AOS while you're in Canada, then your non-immigrant status would no longer be valid, although it would be possible to obtain immigrant visas in that situation if you're listed on the G-325A.

If you're planning on living in Canada there is little point in obtaining LPR status in the US because if you spend more than a year outside the US you lose it anyway. And you can't file taxes as a Canadian resident either, if you do that you also lose it.

If you're filing for divorce then you are no longer a dependent and don't qualify for LPR status.

As for your children, the custody situation is much the same regardless of which side of the border you live on, you have to agree custody and if you can't you have to go to a family court who will sort it out. If you cross the border in this situation you need the permission of the father to move the residency of the children (as you would if you were say, moving to another State), best to get it in writing with his contact details. The difference is of course is that the border people may check.

What does your husband think of you possibly moving back to Canada with the kids? As Steven said, you will need his written consent. It would have to be in a separation/custody agreement if you are not divorced. I am not divorced but one time I took my 2 year old son across the border on a plane to visit a friend of mine. They held me up for half an hour asking why I was traveling without the father and where was my document giving me permission ( i was stunned - this had not even occured to me - duh). I gave them his phone number and they called him. so they do check.

Surprisingly he bought the tix on his credit card. I usually go visit in the summer so its a normal thing. I did get a return ticket. since he hates my family, im just suspicious why he is so easily letting me go visit this time given the situation being so bad between us. he has told me to leave with the kids a few times but he doesnt want it legal. Im wondering either he is hoping things work out somehow or is he up to something else. He is calling all my relatives all over the world to tell them about our fight. His side only ofcouse. I am wondering if he is trying to strengthen his case or something. Anyhow, I have visited Canada last year and so I am thinking it shouldnt be a problem again but just want to make sure since the application for green card is in its last stage. We have the H1-B status. Arent we all going to get the green card or is it just him?
Thank you all so much for the quick and helpful response. Also, thank you in advance for any more advice in the future.

Assuming you're on his G-325A you'll get it.

Okay, Thank you so much for your help.