Yes. An illegal entry won’t disqualify you for VAWA. Additionally, if you had only one illegal entry you may be able to adjust your status in the USA without leaving to attend the interview in your home country.
It takes about 2-3 years for USCIS to make a decision on your I-360 VAWA self-petition and an additional 15 months to process your I-485 adjustment of status application. In some cases, you may be able to work and travel while your VAWA application is pending.
Most VAWA cases are decided without an interview. However, USCIS has the right to interview you about your VAWA petition.
Emotional and or physical abuse is valid for VAWA purposes. To prove abuse, you may use your own statement, medical reports, text messages, emails, video and voice recordings, (if obtained legally), photographs, police reports and third-party witness affidavits. Additionally, may need to consult with a licensed mental health professional for treatment.
No. You should not remarry while VAWA is pending because you will no longer be eligible for VAWA. You can remarry after USCIS has made a decision on your I-360 VAWA petition.
No. Your spouse should not find out about your VAWA (Violence Against Women Act) case because it is confidential. You should use a safe mailing address such as an attorney’s office, to prevent any mail going to address, if you still live with your abusive spouse.
Yes. USCIS will review your VAWA application and the evidence that you submitted with it to determine if your marriage was bona fide. USCIS may even interview you and conduct its own independent investigation for marriage fraud.
Yes. If the state or country in question, recognizes common law marriages, it would be valid for immigration purposes.