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

[Johan5977364393 0]

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. (I don't know if this is the best place to post this thread because I'm unsure of exactly which visa my partner should obtain. I was hoping there was a more general topic forum to post this thread. If there is a better forum to post this, please let me know.)

 

Relationship
My partner 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. 

 

Her U.S. Experience

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.

 

Current Situation

We're now exploring options for my partner 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 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. We're considering several visa options:

 

• F-1 Visa: Pursuing further studies.
• H-1B Visa: Securing a new job offer in her field.
• Fiancé Visa (K-1): Planning to marry and immigrate.
• Spousal Visa (CR-1/IR-1): If we get married.
• Other Routes: Open to any other viable options.
•  

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?

[EmilyW 1,495]

Based on what you're telling us, the only legal options are Fiance or Spousal visa.  Everything else requires some kind of misrepresentation since the long-term goal is to adjust status, which is immigration fraud. You would be using the F1 or H1B as a trojan horse, and immigration knows all about that play.

 

@Crazy Cat has a super comparison between fiance and spousal which he can post.  IMO, spousal visa is infinitely superior and protects the incoming beneficiary far more than a K1 does.  It's also cheaper in the long run.

Edited Sunday at 11:27 AM by EmilyW

[Ontarkie 14,346]

~~Moved to What Visa DO I Need, from K1 P&P- As the OP is trying to figure out what options are available.~~

~~Duplicate thread has been removed. Please do no start more than one thread for the same or related topic.~~

[appleblossom 2,883]

H1-B is dual intent, so that could be an option, but yes, it is a lottery and a bit of a long shot (and she’ll need to hurry up and find a job offer, as it’s not that long until her employer would have to apply). F-1 is out, as said above she can't use that if her actual intention is to immigrate.

 

Is she still a therapist? She could look at other (dual intent) employment based visas as well. 

 

Good luck. 

Edited Sunday at 07:28 PM by appleblossom

[SalishSea 18,020]

You ask about the pros and cons of K-1 vs CR/IR-1…..   @Crazy Cat has a great comparison, which I’m sure he’d be happy to post for you.

[Crazy Cat 42,028]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises.