School Demanding Full Tuition from F1 Student who got Married

[Desut 0]

Hello,

I am a US citizen and recently married my girlfriend of 3 years who was here legally on a F1 Student Visa.

We are starting the AOS application process to obtain her Green Card.

She paid for and was attending school up until the day we got married. She has since stopped attending but the school is demanding full payment for the remainder of the semester.

We feel that we shouldn't have to pay for the rest of the semester since she already paid for the months that she did attend and has since stopped attending classes.

This is a substantial amount of money that we don't have. The school is threatening to "report this to immigration".

My question is, can the school cause us any problems during the Green card application process?

Thanks for any comments or advice as to how we should proceed.

Edited August 5, 2013 by Desut

[newacct 688]

No, the school cannot cause any problems with immigration. However, I'm not sure about the policies of the school regarding what you need to pay if you stop halfway through a semester.

[KayDeeCee 4,896]

~ Moved from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

[VanessaTony 3,567]

As newacct stated, no it shouldn't affect her immigration BUT just because she stopped attending doesn't necessarily mean she can just stop paying. It depends entirely on the school. Some schools let you pull out, without penalty (i.e. paying) up until a certain date. If she just stopped going and never actually pulled out, then she may well need to pay. Basically, she took out a contract with the school (like a phone plan). Doesn't matter that she no longer attends (no longer has the phone or uses it) she still has a contract to fulfil if she failed to pull out of the classes in time.

I am warning you because you certainly don't want to be sued for it. You said it's a "substantial amount of money" and if they have to sue to collect it, it could also include court costs, attorney fees and interest.

[smithjaxx 1]

As far as I know, each school allows a time window during which students can drop courses (they're already enrolled in), and still get full tuition rebate if they've paid.

Not attending classes doesn't tell the school anything. So, you might want to find out if your wife did disenroll from her classes, or she just simply stopped attending.

I hope you're able to sort things out:)

Cee

[FelixTX 2]

Usually most Universities/Colleges have strict regulations on this matter. Usually there are certain dates you can drop the classes and get full tuition/80%/60%/and so on back. If she failed to officially drop by the deadline set by the college she will have to pay. Just look up the academic calender of the university or the regulations of the college und you will see how your colleges does this. But as far as my experience, I don't think the university just wants to fraud money out of you and they probably have a legal basis on this, so you probably will have to pay. What I don't get is, I never heard of a university wanting to get paid after the student already enrolled in the classes. Usually they want to be paid up front. So I would first look up the regulations of the college and then see if there was just simply a mistake or if she really dropped too late and has to pay the full tuition, Vanessa Tony's example is, in this case, very accurate.

[Morningmist 76]

You need to pay full tuition if you are still enrolled in class and didn't disenroll before the deadline. It doesn't matter if you stopped attending class. This rule isn't just because she was on F1. This would be applicable even if she was an American citizen. Some schools do give leeway to F1 students to pay the full tuition a month before the semester ends only if they can say they are having a hard time getting funds from aboard to the school. I remember doing that one semester because the bank sent the check wrong and it took a few more months to correct it. I know a few F1 students who take advantage of this leeway. However in no way does it give her a pass to NOT pay her tuition, if she is still enrolled.

[ricnally 259]

You need to pay full tuition if you are still enrolled in class and didn't disenroll before the deadline. It doesn't matter if you stopped attending class. This rule isn't just because she was on F1. This would be applicable even if she was an American citizen. Some schools do give leeway to F1 students to pay the full tuition a month before the semester ends only if they can say they are having a hard time getting funds from aboard to the school. I remember doing that one semester because the bank sent the check wrong and it took a few more months to correct it. I know a few F1 students who take advantage of this leeway. However in no way does it give her a pass to NOT pay her tuition, if she is still enrolled.

I don't think you can state this so unequivocally, unless you have some sort of crystal ball or something. Every school has their own policy. Maybe it's a private language school she's attending which may allow for this kind of leeway. The OP just needs to check the school's policy, as others here have advised. Nobody here, can tell for sure if they will have to pay or not.

[Morningmist 76]

Well the school is demanding that she pay up, so I don't think they are exactly giving her a leeway there.

[Darnell 8,479]

Desut - I am sorry - but marriage to you doesn't change her status .

What USUALLY changes the status is having the green card in hand.

You two haven't filed anything to chase after the green card.

IF SHE DID NOT FORMALLY WITHDRAW FROM SCHOOL, then the university is expecting their monies.

For now, it's probably best to stay away from UNI until green card in hand

OR

Pay tuition, get back in school.

Pick one or the other - the DSO at her uni will tell you that nothing has changed, just that simple marriage to you.

[Desut 0]

I want to thank everyone for their response to my post. We are in contact with the school and they are working with us on a plan to repay what is owed.

We are currently putting together our package(i-485, i-130, g-325a, i-693, etc) it's a lot of work(and expense) and we are trying to get everything right.

This is a great forum and we have learned a lot from everyone here. Thanks again for all the input.

Edited August 9, 2013 by Desut

[binational 2]

The "marriage" does not give her legal status in USA, it's the submission and receiving of the AOS applications that starts her on a "in application process" legal status. Be careful that she is in legal status at the point of submitting the AOS applications!

[newacct 688]

The "marriage" does not give her legal status in USA, it's the submission and receiving of the AOS applications that starts her on a "in application process" legal status. Be careful that she is in legal status at the point of submitting the AOS applications!

It doesn't matter whether she is in status when she submits the AOS application.

[VanessaTony 3,567]

It doesn't matter whether she is in status when she submits the AOS application.

There was a post (that has since been split off) where the member was asking the same question but their spouse was NOT a USC and was an LPR, in that case it DOES matter.

So to clarify - if you are the spouse of a USC (like the OP), it doesn't matter whether you are in status or not as that is "forgiven" as a courtesy to your USC spouse. If you are the spouse of an LPR, you MUST remain in status otherwise you cannot AOS. The same goes for parent/sibling petitions, status matters in some cases so check the rules specific to your situation.

[GreenIsdanewBlack 4]

Hello,

I am a US citizen and recently married my girlfriend of 3 years who was here legally on a F1 Student Visa.

We are starting the AOS application process to obtain her Green Card.

She paid for and was attending school up until the day we got married. She has since stopped attending but the school is demanding full payment for the remainder of the semester.

We feel that we shouldn't have to pay for the rest of the semester since she already paid for the months that she did attend and has since stopped attending classes.

This is a substantial amount of money that we don't have. The school is threatening to "report this to immigration".

My question is, can the school cause us any problems during the Green card application process?

Thanks for any comments or advice as to how we should proceed.

Hi,

There are 2 questions you asked. First, regarding monies - yes the school can collect it but I see you're working out a plan with them. The other is more important since it is related to immigration. Her F1 student visa is tied to her I-20 which requires her to maintain full time registration. If she does not, then she falls out of status, and the university is legally required to notify USCIS.

Since she was legal during her last Point of Entry and inspected by Inspector, it doesn't matter if she is now out of status. However, to be 100% safe you should file your application ASAP. Unless the beneficiary was subject to deportation at the time of application, and the petition is pending, she cannot be subject to removal.

PS: checkout the site in my signature, very helpful.

Edited August 10, 2013 by GreenIsdanewBlack