Can I apply for a F1 visa and a IR-1 Visa at the same time?

[CHW 0]

I got married recently and my husband is a US citizen.

I plan on pursuing a phD in an university in US (I haven't started applying yet), and I was wondering can I apply for a F1 visa and a IR1 visa at the same time, just in case no university accepts me?

Thanks.

[mikey78 6]

Once you are accepted at a university you can apply for F1...but since it is a non-immigrant visa you will have to prove that you do not have immigrant intent...which is kinda impossible once you have IR-1 pending...so in this case you would have to convince the CO that you will not violate conditions of F1 visa, etc. But if you start with IR-1 now you will have it by the beginning of the new academic year in 2010 I guess...

[L179 1]

In the bigger picture, applying for both will definately delay both the visas due to the reason stated by mikey78. Secondly, because you are married to a US citizen, they automatically assume that you have the intent to stay, so most likely you will not qualify for the F1.

Your best best would be to go the CR1 route

[Philosykos 0]

I don't think you can apply for an F-1, being married to a US citizen. Maybe it would be possible if the two of you indeed had the intention to leave the US again after you complete your studies, but my guess is that they won't buy that even if it's true, unless you had tangible proof.

For the F-1, since it's a non-immigrant visa, you have to submit "proof" that you intend to leave the US after you get your degree. In my case, that "proof" was simply a letter stating that I had so many ties to Europe that I was for sure returning. Which I did. In your case, with a USC spouse, I don't think they would be convinced by such a statement.

I think you should apply for a spouse visa NOW. Then your chances are pretty good to get it by the start of the academic year 2010, which would be your next chance to start grad school anyway. Is your spouse abroad with you? Then you could do DCF, which is faster, I believe.

[canadian_wife 1,808]

When I got my student visa, they were pretty strict on my intent and I had to prove that I did not plan on remaining in the US - this will be difficult for you to prove - specifically because you don't intend to. I suggest you go with the IR route, the tuition is SUBSTANTIALLY cheaper for you as a LPR than an F-1

Good luck.