Battered spouse after initial interview!

[dilyadoda]

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!

[xyzzy]

It might be possible but you don't give nearly enough information, except that your case is problematic and you should go back to your immigration attorney, follow his advice and have him represent you.

If you've already "failed" one interview, have a fraud interview scheduled, a noncooperative husband and want to apply solo now as a battered spouse, you had better have solid evidence that your marriage was genuine, that there's no fraud, and that you were abused, such medical records and having reported this to the hospital staff. In any event, you should be looking to an attorney for advice, not an internet forum. You don't say where you live but there may be organizations in your area that can help you free of charge.