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
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?
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?
Alternative Visa Options: Are there other visa categories that might be suitable for her background in mental health services and her professional qualifications?
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?
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?
