Simultaneous immigrant and nonimmigrant visa application?

[hmh33 117]

This is all completely hypothetical at the moment, I'm just curious...

I am a British citizen in my final year of university. I met my USC partner in 2007 while spending a year on exchange to a US college (on a J-1 visa). Now I am back in the UK and have about 7 months until I graduate.

I'm looking at two options, I think...

(1) Apply to graduate school in the same area where my girlfriend lives. Get accepted, maybe. Get an F-1 student visa. Marry without any hurry, perhaps in a year or two's time, and then apply for adjustment of status.

(2) Marry in the UK sometime in the next month or two, start applying for a CR-1 visa. Then I can be with her even if I'm not admitted to graduate school. I know it takes ~9 months so I'd rather start the process soon, before I would be able to hear back from the grad schools.

Is it possible to start the CR-1 route and then subsequently apply for a student visa if I get accepted to the schools of my choice? Would that invalidate the in-progress CR-1 application? Anybody been in a similar situation?

[YuAndDan 153]

1) Has it's hazards, misuse of a NON-Immigrant visa, F-1 is not an immigrant visa, and does not have immigrant intent, you are contemplating misusing a non-immigrant visa, this is visa fraud.

2) Is the safer and better option, also CR-1 is WORK-Authorized, so you could take a job shortly after entering the USA if you want.

[canadian_wife 1,829]

I agree with YuAndDan. You are only permitted to hold one classification of visa at a time. So, as far as I know (someone correct me please) that the approval of one of your visas will automatically cancel the other.

I do not recommend applying for a student visa when your ultimate goal is to immigrate.

[hmh33 117]

How about with a K-1 or K-3 visa.. can I study while waiting for the AOS?

[YuAndDan 153]

Another BIG benifit of CR-1 over the NON-Immgrant visas.

CR-1 gets an INSTANT-Green-Card upon entry to the USA. Green-card holders qualify for college financial aid, NON-Immigrants like F-1, K-Visas DO-NOT.

NON-Immigrants are also subject to NON-Resident tuition rates.