School/Work on a K3 Visa?

[Chad J 0]

I have applied for a K3 visa for my wife this February and was wondering if she has a chance of attending college for the spring semester 2009 if she receives her visa by that time. Can she attend/apply for college with a k3 visa status? Will she be issued a Social Security number with the k3? If not, what must we do to ensure that she can attend school here is the US as soon as possible?

Thanks,

CJ

[Reba 2]

Whether she can attend school will depend on the school you chose I think. Community colleges will likely allow it, at out-of-state tuition rates though.

No, she will not get a SSN with her K3, and no she cannot work with just the K3. She'll have to apply for an EAD after she arrives, and only after she's got the EAD can she apply for an SSN.

[Chad J 0]

Whether she can attend school will depend on the school you chose I think. Community colleges will likely allow it, at out-of-state tuition rates though.

No, she will not get a SSN with her K3, and no she cannot work with just the K3. She'll have to apply for an EAD after she arrives, and only after she's got the EAD can she apply for an SSN.

ok thank you. So if she wants to apply to a non- community college does that mean she will have to wait until her I-130 is fully completed? Or can she attend school after she obtains an SSN?

[pushbrk 13,079]

Whether she can attend school will depend on the school you chose I think. Community colleges will likely allow it, at out-of-state tuition rates though.

No, she will not get a SSN with her K3, and no she cannot work with just the K3. She'll have to apply for an EAD after she arrives, and only after she's got the EAD can she apply for an SSN.

ok thank you. So if she wants to apply to a non- community college does that mean she will have to wait until her I-130 is fully completed? Or can she attend school after she obtains an SSN?

This tends to vary with the school, so check with the school. What needs to be completed is the I-485, adjustment of status.

[Reba 2]

Yeah, it really doesn't have much to do with having a SSN or not, and more to do with her immigrant status. As a K3 is considered a non-immigrant visa, some schools will not consider her eligible to attend, and some schools will because they'll realise that its non-immigrant dual intent and that she does have to apply to adjust status. But they'll still charge you out of state tuition

[bleecker 0]

Yeah, it really doesn't have much to do with having a SSN or not, and more to do with her immigrant status. As a K3 is considered a non-immigrant visa, some schools will not consider her eligible to attend, and some schools will because they'll realise that its non-immigrant dual intent and that she does have to apply to adjust status. But they'll still charge you out of state tuition

I thought K3 is an immigrant visa?

[Reba 2]

nope, it is non-immigrant.

SUMMARY: This rule implements five new nonimmigrant visa categories (V1, V2 and V3 and K3, K4) established pursuant to the Legal Immigration Family Equity (LIFE) Act that was enacted on December 21, 2000. The new categories permit United States consular officers to issue nonimmigrant visas to the spouse, child and, in some instances, the child of the child of a lawful permanent resident alien (LPR) and to the spouse of a United States citizen and the child(ren) of the spouse. Issuance of nonimmigrant visas will permit these aliens to apply for admission into the United States as nonimmigrants where they may await the completion of the immigration process with their U.S. citizen or LPR family member.

from the USCIS website