Advice Needed: Navigating Long-Distance Relationship and Partner's Immigration to the U.S.

J

Johnny499432

New Member
Hey everyone,

I’m seeking advice on navigating the immigration process for my partner to move to the U.S.. I’d greatly appreciate any insights or guidance from those who’ve been through similar situations or have expertise in this area.

My girlfriend and I are in a committed, long-distance relationship. She currently resides in China, and I live in New York City. We began dating when she used to live in New York City. We’ve been together for almost six months, and we’re working toward closing the distance to build our life together. She has previously spent time in the U.S. working as a therapist in a New York City mental health service. To my knowledge, she had an H-1B visa sponsored by her employer. When she resigned from her job, the sponsorship ended and her visa expired.

We're now exploring options for my girlfriend to return to the U.S. either for a visit or as a step toward a long-term move. Our ultimate goal is for us to live together permanently in New York City. We’re considering whether to apply for an F-1 visa, a new H-1B visa, a fiancé visa (K-1), a spousal visa (CR-1/IR-1), or other possible routes. We want to choose the best immigration path while respecting all legal requirements. I’m also planning to visit her in China for 10 days to discuss our future in detail and test living together before making significant decisions.
 
Specific Questions
  1. H-1B Reapplication: Given her previous H-1B status, what are the requirements for her to obtain a new H-1B visa? Are there considerations regarding the H-1B cap and lottery system that we should be aware of?
  2. Fiancé vs. Spousal Visa: What are the pros and cons of applying for a K-1 fiancé visa versus getting married first and applying for a CR-1/IR-1 spousal visa? Which path is generally more straightforward or faster?
  3. Alternative Visa Options: Are there other visa categories that might be suitable for her background in mental health services and her professional qualifications?
  4. Transitioning Between Visas: If she chooses to pursue further education (F-1 visa) as a stepping stone, what should we consider regarding transitioning to a work visa afterward?
  5. Impact of Previous Visa Expiration: Does her previous H-1B visa expiration affect her eligibility for new visas or affect the application process in any way?
 
Re 2. I have seen countless posts of people who regret the K1. The visa is supposedly faster to get than a spousal visa, but it is a single use non immigrant visa - once the fiance gets the visa they have to enter and marry you within 90 days, and then apply to adjust status to a green card. This can take close to a year to do, and while your fiance is waiting she cannot travel out the US unless she gets advance parole, or work unless she gets an EAD. With a spousal visa, it is an immigrant visa, so as soon as she enters the US she has the status of a green card holder and is able to work and travel freely. (This is necessarily an abbreviated version of the processes but covers what I have seen people regretting most -I will DM you another link)

I don’t know much about H1 so will leave that up to people who do but to mention re: an F visa, it is a non immigrant visa, and if the consulate expects that she will use it to try immigrate there is a pretty reasonable chance she’d be denied. (The H1B is a dual intent visa so immigrant intent is not a problem for that).
 
You must log in or register to reply here.
Top