Husband planning to settle in USA, without giving me divorce

I am married for 7 years and have 3 year old son. Me and my husband are having differences from last 5 years. And he had asked me to leave the house and stay with my parents. I was with my parents for 1.5 yr , but then from last 3 months ,against the will of my husband, I am staying at my husband house( rented) . But as I entered the house, my husband and his mother moved out of house. And now after 3 months they are asking me to vacant rented flat, as they are residing in other rented flat .( they are not sharing address of new flat). He is also not paying for maintenance of me and my son from last 1.5 years. I come to know from his office that he had applied for H1b visa in US, and is planning to move there permanently. Please help me in understanding what will be my course of action if 1. He moved to USA, without giving divorce to me. 2. If he moved to USA, can me and my son have right to stay in his Mother's owned house.( considering it as my matrimonial house) 3. Or should I initiate divorce first, on account of desertion by him. (Note- he has one sided recordings which can proof mental cruelity, but I don't have any such recordings).