Brit Abroad

The purpose of the visa is for you to be with your husband. He can contact immigration and inform them you are no longer together and your visa will no longer be valid. If he sends proof that he has filed for divorce it will also make the visa invalid. Whether he has done this or not is unknown since you are no longer speaking to each other.
Trying to enter with a spousal visa when you are no longer with your spouse would be fraud. Also it is possible you will be turned around when you attempt to enter the US and returned on the next flight.

Yes, you could completely avoid the subject and not bring it up. However, do you want to worry about being asked and not having it covered? Are the kind of person who will spend a lot of time worrying about being caught out and look guilty lying?

To me, it's not worth it. If you have nothing to hide then the truth is always the best option.

Do you think the civil surgeons are stupid and inexperienced in human failings? Do you think USCIS expects every applicant to be lily white and perfect? Of course they don't. Humans are human, they make mistakes, especially trying things out when they are young. Most young people have tried drugs of one variety or another while they are in high school or college.

As a 20-year old I was treated for depression. I was over 40 when I went for my medical. I was asked if I had ever been treated for depression, or self harmed. I said yes, I had been on a course of anti-depressants but had never self-harmed. The civil surgeon then told me she would need confirmation from my regular doctor. It took 10 days for them to get the letter back from my GP stating what I had already told the civil surgeon.

Did it affect my application in any other way? No. Life happens. Anyone who thinks that there is a single person out there with a perfect, untouched life is deluded, and the average person working in immigration isn't looking to penalise you for having lived and made mistakes. They are there to weed out those who want to use an American citizen for immigration purposes rather than the validity of the relationship and try and stop people with terrorist intent from sneaking in through vulnerable people, as well as preventing drug dealers and those with criminal intent from entering the US.

When you stop and think about what their intent is, you can see that it isn't designed to trick you into lying your way through the process.

Sure, if you aren't asked you have no need to lie, but what if you are? Are you prepared for that? Will you have the necessary paperwork on hand to present? How would you feel if you were the civil surgeon and were presented with paperwork for a past that hadn't been answered correctly on the application? Would you wonder what else they were hiding?

Honesty is ALWAYS the best policy. You're clean now, right? Six months of clean that can be verified by a professional medic and lab tests, with a real life story of what got you into drugs in the first place. What is there to lie about?

I like the idea above, but I would start with the basics. Young people make misakes, that's the way they learn.

Write up your history and explain when you stopped doing marijuana. Go to your doctor and get a hair screening and blood screening to confirm no drug use in the last six month period and ask them to put it in writing to submit with your application.

You will, no doubt, be asked questions about it at the medical and interview stage, but provided you are honest and the evidence supports your statement, I don't think it's a big a deal as lying about drug use and being caught out in that lie.

Good luck with your application.

I don't get all the major drama with being separated when you are potentially going to spend the rest of your life with the fellow petitioner. What is it? 18 months physically apart ... with the internet providing instant visual and aural contact at will.

Seriously, if you can't be apart for that length of time then you don't have a strong enough relationship to weather future difficulties.

Besides, misrepresentation can be levelled at the applicant all the way through to when (and including) citizenship is granted. No cheat is ever completely safe, and who wants to spend a lifetime looking over their shoulder, being careful what they say to anyone in their life, whether in a permanent or temporary capacity. Seriously .. not worth it.

I don't get all the major drama with being separated when you are potentially going to spend the rest of your life with the fellow petitioner. What is it? 18 months physically apart ... with the internet providing instant visual and aural contact at will.

Seriously, if you can't be apart for that length of time then you don't have a strong enough relationship to weather future difficulties.

Besides, misrepresentation can be levelled at the applicant all the way through to when (and including) citizenship is granted. No cheat is ever completely safe, and who wants to spend a lifetime looking over their shoulder, being careful what they say to anyone in their life, whether in a permanent or temporary capacity. Seriously .. not worth it.

I don't get all the major drama with being separated when you are potentially going to spend the rest of your life with the fellow petitioner. What is it? 18 months physically apart ... with the internet providing instant visual and aural contact at will.

Seriously, if you can't be apart for that length of time then you don't have a strong enough relationship to weather future difficulties.

Besides, misrepresentation can be levelled at the applicant all the way through to when (and including) citizenship is granted. No cheat is ever completely safe, and who wants to spend a lifetime looking over their shoulder, being careful what they say to anyone in their life, whether in a permanent or temporary capacity. Seriously .. not worth it.

That's certainly one opinion.
Here's another.
Write up what you've covered here, include his A#, and drop it off with an FDNS officer at the local USCIS office, getting in on an INFOPASS appointment. Talk with that FDNS officer, go over all, and IF the FDNS officer warrants there was fraud, then a record of this will get into his A-File.
When he applies for ROC, the A-File is reviewed. A finding of fraud from a FDNS officer trumps most stuff, his ROC case will be denied.
No, it's not something quick that you can do, but if you get started on it today, you can get an InfoPass Appointment for next wee - see https://infopass.uscis.gov for the appointment system.

The debate is not so much does abuse happen, it is the supposed abused spouse who immediately screams "How do I file VAWA." They are obviously aware it exist and they are more worried about how to protect their immigration rights than protecting themselves. Why even mention VAWA if you already have your green card since a VAWA filing is not needed to ROC. Because somewhere they have heard that VAWA is the magical way to remain in the US.
There are also issues with the definition of abuse. I have seen people claim they were abused because their spouse did not give them a big enough allowance, or because the spouse would not send money home to the immigrant's family, or he doesn't spend enough time with me, or he won't buy me everything I want.
There are people and sources out there that coach immigrants on VAWA. There will always be fraud. The burden of proof for a VAWA claim needs to be higher. Sorry Sandra I know this is about to make you upset, but faking an evaluation is pretty easy especially if you have been coached. I know people who get crazy checks because they spent 30 days in patient acting crazy. They are as sane as anyone else. Affidavits from "friends who witnessed the abuse" are easy to buy. False charges of abuse (not convictions) are easy to obtain because in most towns if the police respond to a DV call they must make a report of it.

Many people will have triggering events. Maybe you have an unhappy marriage and when you start needing the paperwork for ROC things get worse, maybe you have been hanging in hoping to make it through ROC and just can't anymore. Maybe you are a fraudster and just can't wait to get out and get on with the plan. How do we know the three apart from each other. I have long been an advocate of lie detection testing during certain interviews to help discourage fraudsters. But USCIS is no dummy and see these patterns also.

That would be very naive, but if that is your choice so be it.
Always interesting to see the story develop, very rarely does the first post tell it all.

But where would the drama be?

So, good, he doesn't have a lot of evidence of a bona fide marriage.
USCs take advantage of foreign people all the time, think human trafficking, so your status as a USC does not give you more importance than someone else's in matters like this. Not that I believe him, but this is not going to win your "case."

Entering the US on a tourist visa with the intent to immigrate is fraud for him, not fraud for you.

See, this is the kind of BS I can't stand for.
While I understand your sentiment, you are letting emotions prevail over actual law.
If he wasn't a citizen and his green card was revoked, then he's SOL.
But if he was a US citizen in the first place and just no one took notice, then it's a different matter as he should not have had a green card in the first place, nor should he have been deported, nor can he lose his status as a US citizen as you seem to imply.
So please get off your soap box. If you know anything about the law and feel like providing advice with a solid foundation in said law, do. If all you want to do is vent against criminals and foreigners, spare us.

Yes you can travel before entering U.S. on a K1 visa. Will not have issue during POE as long as you enter before your K1 expire.

No problem, why would another country care about a US visa, anyway within the EU they will hardly look at the passport of a UK citizen.
I would advise you to file for AP and EAD along with your AoS as it will come through in 2-3 months whereas the GC may take a year and he will be stuck in the US and unable to work. Costs nothing extra if you file all 3 together so why not do it?

Stop worrying over every little thing. That situation is common. My old employer was British Gas, but technically the company was Centrica Plc. They don't care about the little things like that, they care that you make the required amount for immigration purposes currently and will continue to do so, not jobs you had before now.

Every US employer has an EIN that's listed on both your W2 and US tax return. This is a unique number that identifies who you work for. Every consulate has access to that information and can quickly check any anomalies. You're in good shape corvus as long as you have your W2s and tax returns for your current job. Also, if you've not yet filed a tax return for your new job, you can provide your pay stubs. Since your new employer refuses to provide you with an employment letter, you can ask them for their EIN or search for it online.

I am honestly trying to be patient with you, but it seems you are lacking a little common sense. If I put myself in your shoes I would want to present my entire job history the past five years. That includes every tax return, every W2, samples of pay stubs, company names, addresses, telephone numbers, bosses name, and so on. If the company changed it's name I would write that history in the letter to explain the name of the company when I began working and the details of how they changed the name. Give them your history and take a chill pill. If you now make over 125% you'll be fine unless you start letting your anxiety take charge of your reasoning.

Tell the truth. Marriages fail for many reasons, not only distance. USCIS understands this and allows someone who has built a home and a career in the US to remove conditions on their own, but it has slightly different requirements.

Instead of proving that you HAVE a valid marriage that satisfies the requirements of RoC, you have to prove that you HAD one. If your separated spouse attends the interview with you, and you take supporting documentation that you were genuinely married and did things together, shared property, bank account and bills, proof of visits in both directions it doesn't really matter that you lived apart because of education/employment in different states. There are many people who do this, just like you.

The onus is to prove that you didn't immigrate on a marriage visa without having a genuine relationship. You are entitled to remove conditions on your own, based on that premise. They will extend the valid period on your temporary green card (normally with a letter, the same as your AoS) and put you into a "pending" mode while you arrange the divorce. Once the divorce is final, you submit your paperwork to remove the conditions and you're done for 10 years (or 5 if you go for citizenship).

Does that help with the stress levels?

Only if such ceremony is customary to that country or culture, is a normal occurance and is so recognized by the Embassy.
Anything else, then you're probably viewed as married and your visa will be denied......or....worse.....if you make it to the US and get "caught" during AOS, could risk permanent ban and deportation.
Don't do it.

Famous last words.

No. What you've described is the google site search box/tool, not the advanced search tool.
On a pc, you'll see 'advanced search' upper right corner.
not see it, what?
here's a link
http://www.visajourney.com/forums/index.php?app=core&module=search
Hey Bob - apologies - I am massively swamped till after 5 or 6 PM today - I'll try after.

Reading your post about both being early retired, I'm assuming you're both British and wanting a holiday home for two 90 day periods?

Realistically, you should go for a B1 visa for this, as it's an ongoing situation once you buy property and it will afford you the opportunity to potentially get a 10 year visa instead of having to complete the VWP for each visit and potentially be denied entry.

Yes, it's money up front, but 10 years of worry free entry into your holiday home? Priceless.

you can certainly try. read the stuff that I wrote, I've outlined the 'how'.