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

[Johan5977364393 1]

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 1,547]

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 January 5 by EmilyW

[Ontarkie 14,557]

~~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 3,342]

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 January 5 by appleblossom

[SalishSea 18,225]

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 42,580]

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. 
   

 

[Johan5977364393 1]

On 1/5/2025 at 4:58 PM, Crazy Cat said:

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. 
   

 

 

This comparison is extremely helpful. Thank you, @Crazy Cat. And thank you to everyone else who replied. 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?

Edited January 18 by Johan5977364393

[Ryan H 3,834]

Before consulting an attorney, I would suggest looking through the instructions for the I-129F (fiancée visa) and I-130 (spousal visa).  If you understand those and feel comfortable filling out the forms, then you may wish to proceed on your own.  Any questions you have about completing the forms and submitting the accompanying evidence can be asked in these forms where many people will answer you.

 

On the flip side, if you don't feel comfortable filling out the forms, then legal or professional assistance may be for you.

 

Most people on the forum will say that if your case is straightforward, all an attorney will really do for you is complete and file the forms for you.  The onus of gathering evidence will still be on you.

[Johan5977364393 1]

On 1/18/2025 at 8:12 PM, Ryan H said:

Before consulting an attorney, I would suggest looking through the instructions for the I-129F (fiancée visa) and I-130 (spousal visa).  If you understand those and feel comfortable filling out the forms, then you may wish to proceed on your own.  Any questions you have about completing the forms and submitting the accompanying evidence can be asked in these forms where many people will answer you.

 

On the flip side, if you don't feel comfortable filling out the forms, then legal or professional assistance may be for you.

 

Most people on the forum will say that if your case is straightforward, all an attorney will really do for you is complete and file the forms for you.  The onus of gathering evidence will still be on you.

 

It's not the forms themselves that are the issue. I'm looking for professional advice that I feel me and my girlfriend need on how to best navigate this situation. 

[Johan5977364393 1]

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.

[Crazy Cat 42,580]

1 minute ago, Johan5977364393 said:

This option is off the table since we do not want to be separated for that long.

Being apart is normally a part of immigration.  Many of us were separated for more than a year.  It isn't fun, but it can be done.

[Johan5977364393 1]

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!

[OldUser 7,913]

2 minutes ago, Johan5977364393 said:

If she applies for an H-1B and later a marriage-based green card, could it cause problems?

No

[Crazy Cat 42,580]

4 minutes ago, Johan5977364393 said:

or F-1, how soon can we apply for a marriage-based green card?

Keep in mind that a person cannot enter the US as a non-immigrant with the intent to stay and adjust status (exception is a K-1).

[OldUser 7,913]

7 minutes ago, Johan5977364393 said:

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? 

Questions about your significant other, their occupaton, relationship details. Remember dates of birth, date you met, date you proposed, date you married (if married). If significant other had crimes or prior marriages, you should know about them.

2 minutes ago, Crazy Cat said:

Keep in mind that a person cannot enter the US as a non-immigrant with the intent to stay and adjust status (exception is a K-1).

Exactly, only H-1B and K-1 in this list would allow planning entering the US with intent to adjust. CR-1 doesn't require adjustment. Other visas do not allow immigrant intent 

Edited February 11 by OldUser