Residency

[Scafidi454 22]

I have to sign a new lease soon on my apartment; even though my fiance is not here yet, I wanted to see if I could add her on my lease. This is only to help her start to build residency. I'm not sure though how it would look if USCIS requests my lease agreement at some point and see that she was put on there before she moved here.

Furthermore, she has a US bank account, and her statements have been coming to my house for longer than a year. Would that be enough to establish residency?

I am only asking about this for tuition purposes.

[Jojo92122 1,924]

I have to sign a new lease soon on my apartment; even though my fiance is not here yet, I wanted to see if I could add her on my lease. This is only to help her start to build residency. I'm not sure though how it would look if USCIS requests my lease agreement at some point and see that she was put on there before she moved here.

Furthermore, she has a US bank account, and her statements have been coming to my house for longer than a year. Would that be enough to establish residency?

I am only asking about this for tuition purposes.

Do you mean "residency" for in-state tuition? A lease is not enough. She has to actually move to the US and get US residency. You cannot reside in a place you have not been to. Trying to establish residency by a lease (piece of paper) is not enough; she has to be physically in the US to be a US resident. She is a resident of her home country until she can legally establish a resident in the US. The school will probably go off the date she receives her green card.

Here is the rule for Florida;

http://admissions.fiu.edu/costs/General_Overview.php#2

The Florida Law Regarding Residency for Tuition Purposes:

Basic Provision

The law allows U.S. Citizens and Lawful Permanent residents to be classified as a Florida resident for tuition purposes if the applicant or the dependent applicant's parent/legal guardian has been a legal resident of the State for at least 12 months preceding the first day of classes of the term for which Florida residency is sought.

Physical Presence

It is important to note that living or attending school in Florida is not tantamount to establishing a legal residence for tuition purposes. Maintaining a legal residence in Florida requires substantial physical presence as a condition. However, absolute physical presence is not required. For example, a person may take vacations out-of-state without altering his/her residency status. Additionally, a person may go out of the country and remain eligible so long as legal ties and requisite intent with Florida are maintained. Finally, in some circumstances, a person may leave Florida to work or attend school temporarily in another state and still remain eligible for residency. Eligibility in these circumstances depends on the extent to which the absentee Florida resident maintains Florida legal ties and does not establish ties with another state.

Requisite Intent

As provided by Section 1009.21(2)(a)2, F.S., it is imperative that the required 12 month qualifying period be for the purpose of maintaining a bona fide domicile rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.

The student who comes to Florida to enroll in a Florida post secondary educational institution as an out-of-state resident and continuously enrolls in a Florida institution will not normally meet the Florida residency requirement for in-state tuition regardless of the length of time enrolled.

For the purposes of determining residency for tuition purposes, continuous enrollment shall be defined as enrollment in at least two terms each 12-month period beginning with the student's first enrollment in a community college or university.

Edited October 31, 2011 by Jojo92122

[Scafidi454 22]

But if she has a bank account here in the US, wouldn't that qualify? I'll have to contact my university.

[Jojo92122 1,924]

But if she has a bank account here in the US, wouldn't that qualify? I'll have to contact my university.

No. She needs to physically be in the US to establish US residency.

If I open a bank account in France with a Paris address, does that make me a French resident? No.

[Scafidi454 22]

No. She needs to physically be in the US to establish US residency.

If I open a bank account in France with a Paris address, does that make me a French resident? No.

If I remember correctly, my university only wanted an ID, SSN (she has), and two different pieces of mail being received in this state for 12 months (usually a monthly bill, statement, and/or lease).

[Jojo92122 1,924]

If I remember correctly, my university only wanted an ID, SSN (she has), and two different pieces of mail being received in this state for 12 months (usually a monthly bill, statement, and/or lease).

It doesn't matter if she receives mail there. She does not physically live there. How the heck do you live (reside) in a house that you have not been to?

I live in Canada. I get mail in the US. I have never been to the US. HOW THE HECK AM I A US RESIDENT????? If I claim US residency based on receiving mail at the US address without ever having set foot there, it could be considered fraud.

To establish a new residency, a person MUST BE PHYSICALLY THERE. There is a PHYSICAL PRESENCE REQUIREMENT in most state statues to establish residency.

I suggest you Google - physical presence and residency.

Edited October 31, 2011 by Jojo92122

[Scafidi454 22]

I'm not trying to commit fraud. She lived in the US last year for a while, which is why she has the bank account. I'm just trying to determine whether or not her presence is needed in this county/state for the entire 12 months. As I said, I'll call the university.