Will I become a resident of the state where I adjusted my F1 status

[smithjaxx 1]

Hi,

I am an international student on F1 status, but about to adjust my status.I just submitted my application and supplemental documents. I've been domicile in state X as an F1 student for close to one year, and by the time I completely adjust my status, it might be just a little over one year of my living in the state.

Can I claim residency in the state if I receive my green card while I'm still a student there? This question is important for my because my wife (a USC) is currently in the same school with me as a student also. She is a resident of another state and so pays out-of-state tuition (which is overly expensive). On talking to the school officials, she was told she can only claim residency if her spouse is a resident of the state.

My Question is: Will I become a resident of state X if I get my Green card while I'm still a student in state X?

Kindly advise. Thank you

[belinda63 3,038]

Schools have different residency requirements. Some require you have lived there for six months, some one year, etc. You would need to check with the school or on their website for the residency requirements.

[NigeriaorBust 4,087]

In California for example it is a year from the date you became a resident ( got your green card)

[Derby dog 9]

Yeah check with your state. In texas you are a texas resident if you have a application for permanent residence pending. Here, as soon as you get your first NOA1 you can get in state tuition.

And I'd go looking for the information yourself. Because most people you ask will just say when you have the green card. I only found out about texas because i did the research myself, my international advisor didnt even know that.

[Derby dog 9]

Here i did it for you. If i fact you are from Chicago as your profile says....

"Who Qualifies for In-State Tuition?

Residents of the state of Illinois are assessed in-state tuition, and all other students are assessed out-of-state tuition. U.S. citizens, permanent residents and holders of certain types of visas may establish Illinois residency and qualify for in-state tuition provided certain conditions are met. There is also an Illinois law that allows for some students, including non-citizens, to qualify for in-state tuition provided specific criteria are met.

Choose the category that applies to you to determine if you qualify for in-state tuition:

Students who are not U.S. Citizens or Permanent Residents

Residency status is a factor when determining the tuition a student is charged. Students who are not U.S. citizens or legal permanent residents, or do not possess a green card, visa, or other legal documentation, may be eligible to receive in-state tuition if specific criteria are met.

In accordance with Illinois General Assembly Public Act 093-07 and 110 ILCS 305/7e-5, commonly referred to as the Acevedo Bill, the University of Illinois allows in-state tuition for those applicants to the University of Illinois (U.S. citizens and non-citizens) who:

attended an Illinois school for at least three years (K-12) prior to graduating or receiving the equivalent of a diploma;

graduated from an Illinois high school or received the equivalent of a diploma in Illinois;

resided with parents or guardians while attending an Illinois high school; and

for those applicants who are not U.S. citizens or permanent residents of the U.S., provided the University with a notarized affidavit stating the applicant will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Students must complete and submit a notarized University of Illinois Residency Affidavit stating that they meet the above conditions and that they will file an application to become a permanent resident at their earliest opportunity. This affidavit is kept confidential by UIC."

And that is even easier than texas. Just a letter saying you are filing for residency...

[SBB 74]

Yeah check with your state. In texas you are a texas resident if you have a application for permanent residence pending. Here, as soon as you get your first NOA1 you can get in state tuition.

And I'd go looking for the information yourself. Because most people you ask will just say when you have the green card. I only found out about texas because i did the research myself, my international advisor didnt even know that.

In Texas, to be a resident for tuition purposes, you have to live in Texas for 12 consecutive months and either own property in the state, have been "gainfully employed" for one year (where employment based on student status e.g. graduate stipends or work-study don't count as "gainful employment"), own and operate a business in Texas, or have been married for 1 year to someone who meets any of the previous three qualifications (assuming you don't meet the requirements for establishing residency through high school graduation). Additionally, a student whose primary purpose for moving to Texas was to attend an institute of higher education as a full-time student is presumed to not be a resident. Though if you really want to be pedantic, not meeting one of the qualifications listed only establishes a rebuttable presumption that you aren't a resident, which you can theoretically overcome by presenting "clear and convincing evidence".

Edited September 16, 2013 by SBB

[Derby dog 9]

In Texas, to be a resident for tuition purposes, you have to live in Texas for 12 consecutive months and either own property in the state, have been "gainfully employed" for one year (where employment based on student status e.g. graduate stipends or work-study don't count as "gainful employment"), own and operate a business in Texas, or have been married for 1 year to someone who meets any of the previous three qualifications (assuming you don't meet the requirements for establishing residency through high school graduation). Additionally, a student whose primary purpose for moving to Texas was to attend an institute of higher education as a full-time student is presumed to not be a resident. Though if you really want to be pedantic, not meeting one of the qualifications listed only establishes a rebuttable presumption that you aren't a resident, which you can theoretically overcome by presenting "clear and convincing evidence".

Yeah and there is a whole other amendment that they made because of the amount of illegal residents here. It says you qualify as a texas resident if you graduated high school here, and a bunch of other things, including what i said before.

Now im going to have to go find it again for you. Lol

[SBB 74]

Yeah and there is a whole other amendment that they made because of the amount of illegal residents here. It says you qualify as a texas resident if you graduated high school here, and a bunch of other things, including what i said before.

Now im going to have to go find it again for you. Lol

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=1&ch=21&rl=24

That's the statute. Having a green card, doesn't make you a resident for tuition purposes, it just makes you eligible to establish a domicile for the purposes of being a resident.

[smithjaxx 1]

Thanks guys. In case that helps someone to further advise me, state X = Oklahoma.

Thank you all for your insightful suggestions