CR1, F1 or both?

[Bug&Bug 147]

Hello everybody

We have been reading for quite a long time now, but we are yet in the "gather information" process (we are too slow!).

So here is the question:

We were thinking that a CR1 was the best option for us, since once granted, inmigrantBug could work.

The thing is we are unsure about how long it might take to find a job, and inmigrantBug might go crazy after leaving her career and everything not having anything to do for months. So we thought maybe we can apply instead for an F1 visa and start to apply for school as soon as we can, so inmigrantBug can do something when she gets to the US, also it would make the process shorter probably.

So:

1. We can apply for an F1 and do the school applications, and once accepted and living in the US, marry and AOS. Meanwhile inmigrantBug could not work. Right?

Could inmigrantBug visit the US while the process for F1 is going on the visa waiver program (ESTA)?

Could she leave the US while on AOS?

2. InmigrantBug would actually intend to marry and stay, So If in the interview they ask, she cant lie about that. That means we shoudnt apply for F1?

3. Do you know if we can file for school aplications while processing a CR1?

But that would take a long time anyway compared to F1.

4. Any ideas?

Thank you everybody so much.

[Hypnos 6,576]

Attempting to use a nonimmigrant visa with the intention of permanently residing in the US and adjusting status would constitute visa fraud, so you shouldn't do it.

[GurkenSalat 48]

Also, you can't apply for an F-1 and then do the university applications. You have to be accepted at a university and be ready to begin the program for an F-1 to be issued.

But no, you should NOT even try, since the intent is to become a resident. Like Hypnos said, that would be fraud.

Yes, you can apply for school while CR-1 is processing, but you'd have to wait for it to be approved before you can travel to the US and begin the program. Complicated...

I'm guessing you are already married? Then file for IR1/CR1 and wait. There is no other legal option. I don't know if you can visit on VWP while that is processing, so I hope someone who does know drops by.

[Bug&Bug 147]

Thanks a lot for the responses.

Ok so F1 is discarded, maybe we can try to apply for schools while on the cr1 and if its not aproved by then, bad luck.

No we are not married yet, but the K1 has more cons than pros in our situation, CR1 would let inmigrantBug keep her job during all the process, and the time between CR1 and K1+AOS was similar last time I looked If I remember correctly.

[seanimo 32]

I would say a cr1 visa is the way to go. Fiancée can visit on visa waiver program and you can marry here. Fiancée must return to home country before visa expires. You can then file I 130 for spousal visa. While the I 130 is being processed spouse can visit they just need to have proper ties to show that they intend to return to home country before visa expires. After I 130 is approved and the rest of spousal visa process is completed your spouse can enter US and have automatic work and travel ability. I believe with the K1 visa when fiancé arrives in US you will still need to do an adjustment of status and file forms to work and travel. This is the way I understand the process and me and my wife are still in the initial phase of the I 130 process. She came here on vacation and we married. She returned to Italy and we filed the I 130. She has been here twice since then on visa waiver program. We are waiting (very impatiently) at this point. I suggest you move as soon as possible. As soon as I 130 is filed it is kinda out of your control for awhile. Hope this helps.

[Bug&Bug 147]

I guess what we are unclear about is the following situation:

1. We marry and the begin CR-1 process while she continues to live and work outside the U.S.

2. She applies to, and is admitted to, a school in the U.S. However CR-1 visa is still pending.

In this situation, is it permissible/possible to apply for an F-1 visa to come live here and study without either A.) screwing up the pending CR-1 process, or B.) committing fraud with respect to the F-1 visa? Or is the only legal option to just wait until the CR-1 process is complete before beginning any studies at a US school.

The reason this is an issue is that, supposing she wants to begin a graduate program in the U.S, and also wants to marry me (a U.S. citizen), waiting for full CR-1 approval and residency will (almost certainly) significantly delay the date she can begin school. On the other hand, applying for an F-1 visa *before* getting married, with the full knowledge and intention of getting married to and living with a US citizen, and then trying to adjust status or begin some marriage visa process once she is here studying, either constitutes fraud or is at least likely to cause us problems down the road.

Thanks for everyones' help

[Hypnos 6,576]

Obtaining a nonimmigrant visa (an F-1) whilst you have an immigrant visa in process (the CR-1) is pretty much not going to happen.