My wife had been verbally and physically abusing me for the last few months and I finally couldn't take it anymore and therefore have decided to divorce her. While I haven't filed divorce yet, I would like to know how this new turn affects my case.
I had filed for AOS from H1B back in Sept 2019. We have been married for less than 2 years and have a 6 month old child.
We went through counseling for a few months last year and things got better a little bit but afterwards they took for a worse turn when she started first verbally and then physically assaulting me. This continued for a while before I finally pulled out my phone one day and captured what she does to me in front of the baby. The verbal abuse still didn't stop - sometimes in front of the baby too.
I spoke to a family lawyer and I was told to file for divorce because honestly this is too much for my mental health.
But the problem now is twofold: On one hand is my AOS, and on the other my child. I don't want to abandon the first because that would mean I could face deportation.
What is the way to convince the USCIS officers during the interview that I had been a victim of abuse (I have an adult witness) for long and that denying my case would mean me being away from the infant child?