College tuition rate for son of K1 visa spouse?

[studioguitarist 5]

Hi folks. I'm currently waiting on K1 visa approval for my fiancee. Her 18 year old son is presently in college (Malaysia), but has expressed a desire to transfer to the USA after his mom comes here from on a K1 visa. After we marry, we will immediately apply for her "green card" of course. My question is this: after she receives her green card, will she be permitted to pay lower tuition rates as a permanent resident (or married to a citizen), or will she still have to play higher non-citizen rates?

Note that I did NOT apply for him to come to the USA when I sent in my K1 visa application for her, as he was going to go to Australia to attend college where his older siblings went. Now we are hoping he can come here instead. My understanding is that since he is under 21, there should be no problem getting a visa for him (K2?), but I might be wrong and perhaps it is better for him to come on a student visa? I know the K1 visa process is painfully long -- but after we are approved for the K1, how long is the average wait after applying for her son to come? I guess my questions are:

1. Tuition rates for children of K1 visa holders who obtain a green card.
2. Is it best to bring him here on a K2 visa after we are married, or a student visa?
3. What is the average wait time for what I am describing?

Thanks much

[Dave&Roza 748]

Paying in-state tuition verses out-of-state tuition depends on the rules of each individual college and what the require for the student to show residency. When I went to college in Kansas after living my entire life in Colorado, I had to show a complete year of no dependency on money from outside the state of Kansas--i.e. no financial help from my parents. I was a resident of Kansas for four years before I was able to qualify for in-state tuition.

As to which would be easier for her son, that depends on what his goals are in life. A student visa maybe easier, but he will only be allowed to study in the US and should he decide to live here he would now be over 21, but she might be a USC by then and could petition for an adult child over 21. If he does want to live in the US and study, then filing for him now might be the best course before he becomes 21. Then all he has to do is maintain his LPR status for 5 years and then if he chooses become a USC.

You are looking at about 1 year for the K-2 visa maybe a bit less. You will have to file for his AOS and pay the fee. I would make certain he wants to LIVE in the US before going the K-2 route, but also remember that he has less than 3 years before he ages out and is in the over 21 category.

Good luck,

Dave

[studioguitarist 5]

Thanks.