Establishing residency in your home state

[LuckyDucky 0]

I've no idea if different states even have different rules. My wife entered California on a K-1 visa and we have submitted the paperwork for her green card.

For educational fees/purposes, there seems to be a 1-year requirement before she is considered a resident of California. When can we start counting towards that 1-year mark? Her entry into the US or when she receives her green card? (or other?)

Thanks!

[Teacher Mark 53]

From the Diablo Valley College website:

Basic Concepts of California Residency

California residence results from the union of physical presence with the intent to remain in the state, making it their permanent home for an indefinite period of time. Residence for education purposes is the location with which a person is considered to have the most settled and permanent connection. It is also a place where a person intends to return to during periods of temporary absence. It is the student's responsibility to bring proof of residency before the semester starts to the Admissions Office to change their status to California resident.

The following criteria are used to make residency determinations.

Physical Presence

· Persons capable of establishing residence in California must be physically present in the state for one year prior to the residence determination date to be classified as a resident student.

· Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.

Intent

Intent to establish California residency may be manifested in many ways, some of which are as follows:

1. Being the petitioner for a divorce in California.

2. Establishing and maintaining active California bank accounts.

3. Maintaining permanent military address or home of record in California while in the armed forces.

4. Paying California state income taxes as a resident.

5. Possessing a California driver's license.

6. Possessing a motor vehicle that is registered in California.

7. Registering and voting in California.

Waiting Period

The residence period in which a student must wait to become a California resident when first entering the state does not begin to run until the student is present in California and has clearly shown the intent to make California their permanent home of residence.

Residence Determination Date

The residence determination date is the day immediately preceding the first day of instruction of the semester during which the student proposes to attend college.

Burden of Proof

It is the student's responsibility to demonstrate clearly both physical presence in California and the intent to establish California residence. We reserve the right to require proof of residence at any time.

Non-Resident

American citizens or permanent residents of the United States who have not resided in California for more than the required period immediately preceding the residence determination date will be subject to non-resident tuition. Non-Immigrant Aliens: An alien who is in the U.S. under a non-immigrant classification such as C, D, F*, H, J, M, O, P, Q or TD/TN cannot establish residency since their stay in the U.S. is only temporary. *B1, B2, F2, and W visas cannot enroll in a course of study. It is prohibited according to Federal Immigration Laws (67 FR 18062).

Active Duty Military

Active duty military and their dependents are granted resident status for fee purposes for the duration of the student's enrollment in a California community college as long as the active duty member is stationed in California.

California Nonresident Tuition Exemption

For Eligible California High School Graduates

(The law passed by the Legislature in 2001 as “AB 540â€)

Any student, other than a nonimmigrant alien, who meets all of the following requirements, shall be exempt from paying nonresident tuition at the California Community Colleges, the California State University and the University of California (all public colleges and universities in California).

Requirements:

· The student must have attended a high school (public or private) in California for three or more years.

· The student must have graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency exam).

· An alien student who is without lawful immigration status must file an affidavit with the college or university stating that he or she has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.

· Students who are nonimmigrants [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.

· The student must file an exemption request including a signed affidavit with Diablo Valley College. This process is strictly confidential unless disclosure is required under law.

· Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.

· Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidentsâ€.

· AB540 does not provide student financial aid eligibility for undocumented alien students. These students remain ineligible for state and federal financial aid.

· Students attending community college enrolled via distance education cannot be living outside the state.

PROCEDURES FOR REQUESTING THE EXEMPTION

To request this exemption, complete the California Nonresident Tuition Exemption Request-"AB-540". Submit it to the DVC Admissions Office. Call the DVC Admissions Office at 925-685-1310 if you have questions.

http://www.dvc.edu/admissions/residency.htm

I would call the Institution your Wife plans to attend and ask them.

Edited July 8, 2008 by WideAwakeInTheUSA

[LuckyDucky 0]

Thanks! I did google a few different colleges and I noticed that some had different lists, including a California ID card, which she can get now with a social security # and a valid I-94. I guess it just depends on each college.

Thanks!