bonio1

I know from searching the forums that this generic problem has cropped up multiple times but I want some peace of mind for my specific scenario if anyone would be so kind as to provide it. So... chronologically:

- In 2015 I obtained a B1 visa so I could do some ongoing consulting for a US company on behalf of a UK company
- This was supposed to be a 3-6 month piece of work with me travelling back to the UK every 6 weeks for insurance reasons (I did this like clockwork and never overstayed).
- The project gets extended multiple times and another one comes along, keeping me around for longer. Total time in the USA by this point is 3.5 years, returning to the UK every 6 weeks. Still employed by and paid by a UK company, still paying tax in the UK and with all legal ties to the UK, none to the US (so far so good).
- In Feb 2018 I proposed to my US girlfriend who I met back in Feb 2016 and have been with ever since
- So July of this year rolls around and there's no more projects in the US for me to consult on. My fiancé and I are living an ocean apart and we understandably find it difficult.
- A couple of weeks ago I go over to the States to visit my fiancé. I enter the country on my B1 visa (which isn't a problem since I actually need to meet a colleague in our US office).
- We decide "sod it, let's just get married there and then"
- I go back to the UK where my legal residence and job is and my (now) wife stays in the US
- We're now trying to process a green card application through the consular route with an I-130, but I'm seeing indications I might get accused of visa fraud by the authorities.

Many of you on here seem pretty knowledgeable - what on earth are my chances of success with getting a CR-1? We have plenty of evidence to prove the relationship is bonafide (e.g. evidence of holidays together, >2 years of whatsapp messages and photos, several friends and family who are willing to attest to our relationship including the witnesses at our ceremony [one of whom is a lawyer]). What peace of mind can you provide me?

Noorah101

I'm not a lawyer, but I believe you will be successful.

Rene

Noorah101

By the way, terminology is important. You aren't processing a green card application, but rather an Immigrant Visa.

Rene

Rete

So you have used the B-1 to live and work in the US for a foreign employer for the last 3.5 years and are now concerned that it might be considered fraudulent use of the B-1. It might and that's because it is not a work visa which allows you to live in the US. It is to allow you to visit the US for business purposes. In fact, if you have spent 6 months in the US you should have been filing IRS tax returns on your worldwide income which I'm assuming you have not.

You seriously should consult with a well versed immigration attorney about your situation.

Orangepants

That was my thought too. You managed to go in and out for 3.5 years on a B-1?. I managed it for just over a year, staying 10 days each time and 20 days out. That was in 2009-10. Did you ever go to secondary and were asked why you visit so much? Did you stay much in the UK in all that time? Some people manage it but I really thought they were more vigilant about these things now. Still if you were never out of status and they let you in, you may be okay.

bonio1

I should probably clarify that it was a "B1 in lieu of H-1B"

I've never had any reason to suspect my activities might be fraudulent as the visa is what was advised both by my company and by the US embassy for the type of activity I was undertaking. Furthermore, no member of CBP has ever questioned my intentions when looking at my entry/exit history in the US coupled with the answers I was giving. So why would I have ever considered my use of the visa fraudulent? I've not been given any indication that what I was doing was wrong.

bonio1

​​​​​​​See my reply to Rete above. And thank you for the hostility - really appreciated

Rete

No such animal. You are making that up, right? You were not told this by the US Embassy in London. The B-1 is used by business people to visit the US for some business activities. It is not to be used to take an apartment, get a driver's license, secure utilities, etc. which is all of the things you were probably doing. If it were that simple, don't you think there would be hundreds of thousands of people using the B-1 to work and live in the US.

You only went back to the UK to maintain your NHS status.

Rene is right. You will not have problems with obtaining a CR-1 visa.

Noorah101

There is a "B-1 in lieu of H1-B" visa. It's a B-1 visa with special annotation by the US Consulate. I don't exactly know the details, but I know it exists.

Rene

bonio1

Care to actually Google the term B1 in lieu of H-1B? I'll soil my pants if nothing comes up

bonio1

THANK YOU!

SanDiegogirl

The following is not quite correct is it 'Total time in the USA by this point is 3.5 years'

You received your B1 in 2015 and went back to the UK every 6 weeks - how long were those trips back to the UK?

You have not actually spent 3.5 years in the US on a B1 visa have you?

tom169

I think you're over thinking it. Take a breather, you'll be fine.

scrubbedexpat099

I see no Immigration issue.

Sort of intrigued what the Insurance reason for travelling back every 6 weeks was?

civilservant

The past with the B1 is basically irrelevant for the CR1 visa. Providing that you otherwise qualify, it won't pose an issue.