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).
 
Johnny499432 said:
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.

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Hi there,

Navigating immigration can be complex, but it sounds like you’re being thoughtful about the process, which is a great start. Since your girlfriend previously had an H-1B visa, applying for a new one could be an option if she finds a U.S. employer willing to sponsor her again. If not, exploring an F-1 visa for studies could help her re-enter the U.S., but it’s more temporary and requires her to enroll in a qualifying program.

If your goal is to live together long-term, the K-1 fiancé visa could work if you’re planning to get married soon. Alternatively, the spousal visa (CR-1/IR-1) is a solid choice if you get married before applying but takes longer to process. Each option has its pros and cons, so it’s worth consulting an immigration attorney to decide the best path based on your timeline and goals.
 
These responses are extremely helpful. Thank you, @SusieQQQ and @cruickshank. Would you happen to know of any good immigration attorneys in New York City that I and my girlfriend can talk to, especially if they have an expertise with / in-depth knowledge about Chinese immigrants?
 
I recently had a joint consultation with my partner and an immigration attorney, and I wanted to share the key takeaways for anyone in a similar situation. Here’s what we learned from the consultation:

While my partner was in the U.S., her attorney filed for a green card on her behalf. However, she is unsure if the process was completed or where she currently stands in the application process. Since she is now in China, the case might still be in processing, or it could have been abandoned. She needs to check the status of her green card application.

H-1B Visa (Best Immediate Option for Returning to the U.S.)
My partner has one year left on her H-1B visa. Since she is outside the U.S., the clock is frozen, meaning the remaining time on her H-1B is still available. She is cap-exempt, meaning she does not need to go through the lottery again if she finds an employer willing to sponsor her.

Options for sponsorship:
Her previous employer could rehire her. A new employer could sponsor her for an additional three years (best if it's a nonprofit or academic institution). A private employer is not recommended because she would need to go through the H-1B lottery again, where the chances of selection are only about 30%. Her best strategy is that she should start applying for nonprofit organizations or universities while she is still in China.

F-1 Visa (Student Visa Option with Day 1 CPT)
If my partner cannot secure an H-1B sponsor, she could apply for an F-1 student visa and enroll in a U.S. school. However, since she prefers to work, she should look into a Day 1 CPT (Curricular Practical Training) program in a field relevant to her career (psychiatry). With Day 1 CPT, she could legally work for credit and get paid immediately after starting her program. If she enters on an F-1 visa, we cannot get married for at least 90 days, or it could be seen as immigration fraud.

Marriage-Based Options (K-1 Fiancé Visa or CR-1/IR-1 Spousal Visa)
If we decide to go the marriage-based route, we have to carefully plan where and when we get engaged or married. The best option is to get engaged or married in the U.S. while she is already there with another visa (H-1B or F-1). We must do so 90 days after she returns to the U.S. (which I prefer even with an H-1B). With the F-1 visa, we must wait at least 90 days before getting married to avoid visa intent issues.

The worst option is to get married or engaged in China. If we marry or get engaged in China, she will be stuck there for over a year while waiting for the CR-1/IR-1 or K-1 visa to be processed. This option is off the table since we do not want to be separated for that long.
 
Here are additional questions I feel would be extremely helpful for me and my partner if they were answered:

H1-B Visa
How difficult was it to find a new employer willing to sponsor the remaining time on your H-1B? How long did the process take from securing a job offer to re-entering the U.S.?

What are the best ways to find a nonprofit or academic employer willing to sponsor an H-1B? Are there specific job boards or resources for H-1B cap-exempt positions? Any personal experiences with universities or research institutions sponsoring H-1Bs?

If my partner finds an employer willing to sponsor her H-1B, how soon can she return to the U.S.? Does she need to apply for a visa stamp in China, or can she re-enter with an existing visa?

F-1 Visa
Does anyone have experience with Day 1 CPT programs in psychiatry, psychology, or mental health fields? Which schools offer legitimate Day 1 CPT programs in these areas? Have you encountered issues with USCIS questioning the validity of Day 1 CPT?

How strict is the 90-day rule for an F-1 visa holder getting married? Have people successfully adjusted status from F-1 to a green card after waiting 90 days? Any issues proving non-immigrant intent at the visa interview?

CR-1/IR-1 and K-1
If she comes on an H-1B or F-1, how soon can we apply for a marriage-based green card? Can we apply immediately, or are there waiting periods to avoid issues?

What are the best ways to prove a bona fide relationship when we’ve been long-distance for most of it so far? What evidence helped in your visa interviews when you didn’t have years of shared history? Have people had success using travel records, video call logs, and messages as proof?

Other
What are current USCIS and consular processing times for H-1B transfers, F-1 visas, and K-1/CR-1 visas? Have you experienced delays due to backlogs or additional scrutiny?

If she applies for an H-1B and later a marriage-based green card, could it cause problems? Would having a pending green card case affect her ability to get an H-1B visa stamp?

Has anyone had issues re-entering the U.S. on an H-1B or F-1 after a long stay abroad? Did CBP or the consulate question your intent to return temporarily vs. immigrate?

How much should we prepare for the visa interview to prove intent and relationship legitimacy? What kinds of questions should we expect at a K-1 or CR-1 interview?

Based on my partner’s situation, what would you say is the best option for her to return to the U.S. quickly and legally? Are there any alternative visa routes we haven’t considered?

If you were in our shoes, what would you do differently based on your experience? What mistakes should we avoid during this process?

Any advice on job searching for an H-1B sponsor, proving a bona fide relationship, or handling USCIS processing times would be greatly appreciated. Thanks in advance!
 
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