period of stay authorized limbo

[setherwyn 0]

i applied to a college in the US, and i filled a k1 visa, so, i can not get a student visa. in the best scenario, i will get the US in july, then wedding, then filing AOS. the green card take 3 months or so to arrived, again, in the best scenario, but in the college website they say, "You must be a U.S. citizen, U.S. national, or an eligible non-citizen, i.e., U.S. permanent resident with an Alien Registration Card I-551, a conditional permanent resident with an I-551C card, possess Arrival Departure Record I-94 from the Immigration and Naturalization Service one of the following designations: asylum granted, parole, refugee, entrant from Cuba or Haiti." it is the same for applying to a grant, student loan, aid, or scholarship.

between the AOS and the green card, i'm able to work with the right documentation, my question is, how about college, federal aids or grants???? i have to wait until summer term to start college??? that would be sad

thanks for any help.

Tatiana

[YuAndDan 153]

All you can do is see if college will accept I-485 NOA-1 letter as AOS pending.

But one of the negatives about K-1 IS the period of limbo that happens between arrival and getting green-card or EAD card.

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

CR-1 does not take much longer to get than a K-1

[Messybrownhair 251]

I know how you feel.

I am filing for AOS this April and will start school this September (but enrollment is July/August)

I will probably not have my GC then too.

What documents prove we can study? My school is even confused if I can study at all at this point.

I was told my by school that I will not qualify for loans because I am not a resident yet, and will not even qualify for in-state tuition because my state requires residency for a year.

So for the 1st year, I am paying full-price.

I agree that cr-1 is the cheaper route, but this was not an option for us. Our families wanted the long engagement, and they did not want us to get married just so we could save some money and Tim could petition me as a wife. Of course, looking back, I don't really have any regrets but I really hope to have a smooth AOS journey. I am hoping his deployment orders will be enough reason to expedite the case, though I don't really know how fast they can expedite it.

Goodluck!

[Wayne and Claudia 40]

i applied to a college in the US, and i filled a k1 visa, so, i can not get a student visa. in the best scenario, i will get the US in july, then wedding, then filing AOS. the green card take 3 months or so to arrived, again, in the best scenario, but in the college website they say, "You must be a U.S. citizen, U.S. national, or an eligible non-citizen, i.e., U.S. permanent resident with an Alien Registration Card I-551, a conditional permanent resident with an I-551C card, possess Arrival Departure Record I-94 from the Immigration and Naturalization Service one of the following designations: asylum granted, parole, refugee, entrant from Cuba or Haiti." it is the same for applying to a grant, student loan, aid, or scholarship.

between the AOS and the green card, i'm able to work with the right documentation, my question is, how about college, federal aids or grants???? i have to wait until summer term to start college??? that would be sad

thanks for any help.

Tatiana

You are coming to the US and getting married and planning on starting college? I admire your ambition. Personally I think waiting until summer or even the fall isn't a bad idea. Only the college where you have enrolled will truly be able to assist you since they will demand their own entry requirements. I would think the k-1 visa stamp and a valid marriage certificate would allow entrance but I am not in college administration. As for aid, you are not elegible for any need-based federal aid since you are a sponsored immigrant. Any need-based aid given your sponsor/co-sponsor may be required to pay back. You may be elegible for state aid or college aid so I would check into that. You may also be elegible for college loans based on your husband's income and credit rating. The aid question all comes down to the 864 form that was signed during the immigration process. Good luck and welcome.

[VanessaTony 3,567]

I don't see the points of comparing the two when she's already applied for the K1.

--

OP - whether your college will accept the NOA1 is up to your chosen college. Sorry! I suggest you send them an email and let them know you will be arriving as a K1 and applying for adjustment of status and whether they will accept proof of filing for enrolment.

Grants etc I would ask them the same question in the email. Don't be surprised if they don't know because not many know much about the K1 visa...

K1 is a bit of a "limbo" thing but you'll want the time to relax and get settled anyway. Maybe get yourself all set up. Hope for your sake the NOA1 is acceptable

[Messybrownhair 251]

This is getting me worried, I hope my NOA1 will be accepted!

[SunDrop 59]

It's entirely up to the school and agree with Vanessa about them not having a clue about K-1 visas and the bizarre situation we're in when we've entered the country, got married but haven't completed our AOS and received our CGCs. They struggle to understand how you can be legally present in the country if your I-94 has expired but you don't have anything from USCIS extending your presence. My school accepted my enrollment on the basis of a valid I-94 and offered me in-state tuition on the basis of my husband's in-state residency. It was slightly more complicated than that, but not relevant here.

The advice that you don't qualify for financial aid because you're a sponsored resident is false. You do, however, have to have your CGC in your possession before applying. Also, some schools will only offer payment plans on tuition to qualified in-state students and only certain semesters. This is the case at my school, where I couldn't have spread the tuition costs over the duration of the course if I'd waited til the summer semester to begin studying.

I'd also say it's absolutely worth waiting before you start. Get yourself figured out, set up with all the necessary documentation because believe me, the frustration otherwise just isn't worth mentioning! I had to do a drug screening test for school and also collect money from Western Union from my ex-husband for his daughter's christmas presents. Both times, I had to do so with my old name despite being married for 6+ months because they wanted the name on my photo ID. I have no way of getting one until I have my EAD because I'm no longer resident in the UK so can't update that (even though I'm allowed to drive on that license here!) can't get a state ID or license without my EAD or GC. Can't update my passport without throwing several thousand dollars away in flight vouchers, since they won't allow a "differently named passenger" to use the credit. Nuts... but par for the course.

Honestly, if I'd had to jump through the hoops I would have to start studying back in the fall, I'd have never managed to get through it all with my sanity intact.

[setherwyn 0]

hey, thanks for all the info, i've thought about this the hole night and i think i should wait, the tuition is expensive and i need all the scholarships, aids, grants and loans i can get... well i think i need to wait the U to consider and study my case for some advise; but i know, even for a attorney this is kinda tricky.

sundrop, i would like know more details, if you want, of your own experience i need some tools i case the ask me things i dont know.

thanks again to all of you

[SophWeb 25]

Just wanted to add to the post.

If you really need help paying for school then it's a good idea to wait until you receive your greencard to attend.

Sundrop is right, you cannot get federal aid until you have your greencard. There's no way around that.

You have to apply for federal aid through FASFA, and they will say you do not qualify for Aid if you do not have a greencard to prove you are a legal resident.

Some colleges do offer 'in-house' student loans. My personal experience with this - I was denied as I don't have my greencard yet. I was told I could not receive student aid directly from my College if I did not qualify for Federal Aid through FASFA.

Unfortunately each College is different, and state by state is different too. So my experience may be very different to yours. Your best bet is to talk to a financial aid officer at the school/s you want to attend and get some more information. Ask them what grants/scholarships are available. Confirm that once you receive your greencard, you will qualify for in-state tuition (the cheapest). They may tell you that you need your greencard to receive these grants etc, but at least you'll be well informed. That way when you receive your greencard, you can apply for all the Aid and Grants you need and attend school.

[SophWeb 25]

Just wanted to add to the post.

If you really need help paying for school then it's a good idea to wait until you receive your greencard to attend.

Sundrop is right, you cannot get federal aid until you have your greencard. There's no way around that.

You have to apply for federal aid through FASFA, and they will say you do not qualify for Aid if you do not have a greencard to prove you are a legal resident.

Some colleges do offer 'in-house' student loans. My personal experience with this - I was denied as I don't have my greencard yet. I was told I could not receive student aid directly from my College if I did not qualify for Federal Aid through FASFA.

Unfortunately each College is different, and state by state is different too. So my experience may be very different to yours. Your best bet is to talk to a financial aid officer at the school/s you want to attend and get some more information. Ask them what grants/scholarships are available. Confirm that once you receive your greencard, you will qualify for in-state tuition (the cheapest). They may tell you that you need your greencard to receive these grants etc, but at least you'll be well informed. That way when you receive your greencard, you can apply for all the Aid and Grants you need and attend school.

[Messybrownhair 251]

Thanks for the info.. I'll worry about it when/if I get my acceptance letter.