can my husband overseas take my american children

I doubt that US Court will have jurisdiction over your divorce. You both are foreigners and most probably you have to go to your home country for divorce or to have lawyer to file it on your behalf. If you both were here you're under jurisdiction and could be divorced. Its just my insinuation since I'm not a lawyer.

It is incorrect. She doesn't have to go to her home country to file divorce since she has lived in usa and new york for a long time as she can divorce in the state of NY as a plantiff.

Information can be found at http://en.wikipedia.org/wiki/New_York_divorce_law

For New York State Supreme Court to have jurisdiction over the parties (see DRL § 230) one of the following residency conditions must be satisfied:

1. The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.
2. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began.
3. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.
4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced.
5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.
 
It is incorrect. She doesn't have to go to her home country to file divorce since she has lived in usa and new york for a long time as she can divorce in the state of NY as a plantiff.

5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.

I believe that this article doesn't prove anything. It applies to USC who live in different state. We have situation with two foreign citizens when one was never in states who marries aboard. US court doesn't have jurisdiction over him. It's dangerous situation since he can file in native country and then, it depends how corrupted it is, may get divorce granted with custody over kids. Even though they treated by US as US citizens, technically they're dual citizens by parents. The risk for her will be to go to native country then until kids are teens. But it really worth to make an appointment with divorce lawyer then asking on this board.
 
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