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Nga&Ron

Question about K1 status for school

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Filed: K-1 Visa Country: Vietnam
Timeline

My fiancee has just received her k1 visa and will be leaving for the US shortly. Our plan is for her to attend community college for the first year and get in state rates at Northern Virginia Community College. We will be married right away and will have a marriage certificate before she applies. The school has sent me the following:

To be considered for in-state rates you would need to provide the following documentation to the Student Services office in person.

1. Marriage certificate

2. The student's visa

3. VA driver's license

4. VA vehicle registration

5. Last year's VA state taxes

My question would she have to apply for a student visa if she is legally here? I hope this person has made a mistake does anyone know about this? We really dont have time i dont think to go thru a student visa process to make it in time.

Thanks Ron and Nga

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A K1 visa only grants you entry into the US for the 90 days window for marriage.

After marriage to a USC a K1 entry must file for an AOS(adjustment of status) to a legal status of a LPR(Legal perm resident) which grants you a GC.

This GC(greencard) allows/gives you the right to apply to attend any US educational facility without having the need for a student visa.

There is a handbook on the USCIS.gov website that explains all of the rights and responibilities that a LPR has when they are granted a green card. This is a must read to fully understand your migration to the US.

Edited by LIFE'SJOURNEY
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Filed: AOS (apr) Country: Vietnam
Timeline

She only needs to provide a copy of the visa in the passport. You may run into a residency issue when it comes to tuition rates... One must reside in many states for 1 year to be considered a resident when it comes to college tuition.

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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She only needs to provide a copy of the visa in the passport. You may run into a residency issue when it comes to tuition rates... One must reside in many states for 1 year to be considered a resident when it comes to college tuition.

How can she go to school on a K1 visa? It is a non-immigrate visa?

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Based on what you've outlined, she won't qualify for the in-state tuition rate for at least a year. First, she will need to establish residency in Virginia along with proving legal presence to qualify. Because she will need some sort of state-issued identification as part of the requirement, your best bet is to get married, start the adjustment of status process, and get the green card so there's no question about her legal status.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: AOS (apr) Country: Australia
Timeline

Based on what you've outlined, she won't qualify for the in-state tuition rate for at least a year. First, she will need to establish residency in Virginia along with proving legal presence to qualify. Because she will need some sort of state-issued identification as part of the requirement, your best bet is to get married, start the adjustment of status process, and get the green card so there's no question about her legal status.

In my state (Minnesota) 3/4 community colleges I looked at charged the same for in state and out of state tuition. University was a different story.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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In my state (Minnesota) 3/4 community colleges I looked at charged the same for in state and out of state tuition. University was a different story.

This varies by state. For the OP, the out-of-state cost is more than 2x that of the in-state tuition.

*points down to Quick Reference Guide to State-Level Services in signature*

Edited by LeftCoastLady

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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How can she go to school on a K1 visa? It is a non-immigrate visa?

She's not, she will be attending because of her Permanent Resident status. K1 was used to get her in the states.

The Buddha said "The more loving the more suffering"

By birth is not one an outcast,

By birth is not one a noble,but

By action is one an outcast,

By action is one a noble.

Buddha.

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She's not, she will be attending because of her Permanent Resident status. K1 was used to get her in the states.

That was not the answered the poster gave, he stated all she had to do was shown her visa that she entered on.. He didin't say anything about AOS. I was trying to get him to clarified his statement.

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Filed: K-1 Visa Country: Vietnam
Timeline

After more clarification they will allow her to go to school with just a copy of her visa. The other items are just to prove my residencency. The difference in price for an in-state price vs out of state is 3 to 1 so if she couldnt have got the in-state price we would have waited.

Thanks for all the comments

Ron

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