Married woman with serious problems!

[swissmissandkids]

I am from Switzerland and came over on a tourist visa waiver to hike the AT with my three children. On the trail I met my now husband, he is 10 years younger, but we were so in love that we decided that I should stay and we married in January 2012. My children enrolled in school and I thought that as soon as I can file for the Greencard all would be good. As I have two college degrees for american standards I thought I can find a job and help the income.
As my husband told me he would pay for the visas, I waited for him to organize the money. He never did, instead of that he started becoming more and more dominant, called me an illegal immigrant, a bitch, a pain in the ass, threatens to kill me and wakes me up in the middle of the night, because he says that I look like a demon that has snakes coming out of my mouth or he bangs hole into the walls. The last day of school, my husband left while my children and me were in a restaurant to celebrate the beginning of their holidays.
Aside from that I do not know how to survive, since I don't have work, a car or a Visa and I am pregnant of him and I do not want the baby on my own, but I can't even do anything about that! Can I apply for my greencard? I am scared to let him in again and we gave everything up to be here with him and I just applied at university and to the ece to have all my education accredited. We married because we loved each other, at least that is what I thought.
Now I do not know what to do.

[swissmissandkids]

This is my plan so far:
Send in the file I130 again (send it in already in January, but came back because of unclear print) for kids and me including his birthcertificate, proof of marriage, etc.
Have collected evidence so far that the marriage was in good faith, try to fin a job in the meantime with a national company. If my husband does not do therapy by then or something, then I will file for abandonement and abuse (have proof and witnesses), since he left us without anything, maybe I am able to stay that way?
If not, do you think I should rather try to get a skilled Visa? I fulfill these requirements so far, do I need an employer who sponsors for that or can I file this myself?

[harrydr]

Hello swissmissandkids,
I have full sympathy with you for what you are going through right now. Your best bet in this case is to secure all the necessary documentation (birth certificates, marriage certificate etc.) and your easier route is to file for Green card based upon marriage. The major problem is and i'm assuming this that you did not file an extension for your visitor visa and therefore, you violated the immigration laws by overstaying your visa.

Because of you complicated situation, my recommendation is to approach an attorney right away and get things moving. Good Luck and i wish you all the best in finding peace.