Battered spouse after initial interview! Help!

[dilyadoda 0]

Hello, I am married to US citizen. We applied for green card (i-130, i-485).

And recently we failed first interview. And scheduled for second next month. But my husband says he cant make it cause his job is more important than my appointment. We have had lots of problems since we got married. Because I have a daughter from another man, who was born before we met. Recently I went to the hospital, cause I was dizzy and nauseous for a week after he hit me on the my neck.

I spoke with attorney, he says I have a chance to apply as a battered spouse. My concern is, Can I still apply? Do I have a chance even after 1st interview? Please advise, you ever had a such case. Thank you, I appreciate it!

Edited June 29, 2011 by dilyadoda

[Harsh_77 718]

It would be upto the CO to make this call, all this things happening in very short period of duration from your marriage and you not being able to go thru in the first round of interview is not a good sign to me.

If you are really into abusive relation why would you want to stay married to such person and live a miserable life?

[VanessaTony 3,567]

Honestly I don't know how you would go after failing the initial interview to then suddenly you're claiming abuse but you were trying to portray a nice happy relationship to USCIS at interview.. if that makes sense. It would appear to me like you failed one way so you're just gunna try another method. I can't say I've ever seen someone try it this way but maybe someone else has. I would just go home if i'm being abused and am unhappy, but that's just me of course.