pending permanent resident and in-state tuition

[Ryan1 0]

anybody have issues/experience with permanent residency and gaining in-state tuition.

My spouse is currently 'pending permanent resident'... we applied for instate tuition in maryland, but have been getting the run around in their office. They don't quite know how to handle a K-1 visa holder.

the big questions:

most universities require in time to gain in-state. MD requires 1 year.

(1) does the clock start ticking once she arrived in MD (as K-1) or once she offically gets GC. I think its the former (once she arrived with K-1 and starting living with me

(2) does she need GC in hand to gain in-state. we are applying for Fall, so we have time, just hope that GC comes before may so we have better chance to get in-state tuition -- which by the way we deserve since I pay lots of income taxes to MD year after year.

Right now we are just waiting. My wife has here EAD and we hope to hear from AOS interview soon; we applied like 6 months ago and still nothing on the AOS interview side of the equation.

[Nancy2015 2]

(1) does the clock start ticking once she arrived in MD (as K-1) or once she offically gets GC. I think its the former (once she arrived with K-1 and starting living with me

(2) does she need GC in hand to gain in-state. we are applying for Fall, so we have time, just hope that GC comes before may so we have better chance to get in-state tuition -- which by the way we deserve since I pay lots of income taxes to MD year after year.

Right now we are just waiting. My wife has here EAD and we hope to hear from AOS interview soon; we applied like 6 months ago and still nothing on the AOS interview side of the equation.

(1) Nope. It is the latter - 1 year from the date GC was issued.

(2) Yes, you do need a GC in hand.

Check with the school too - sometimes they may have different requirements.

[Dr_LHA 3]

Your wife will probably become a MD resident 1 year after she moves there rather than 1 year after she gets her green card.

This is because a State's definition of "residency" often is not the same as the Federal Governments. I know that when I moved to California 8 years ago, I was considered a California resident, even though I was officially a non-resident in the eyes of the federal government. For example after living in CA for a year I was eligible to file a "Resident" California tax return, even though I had to file a "Non-Resident" Federal tax return.

Its worth talking to your state about what its residency requirements are and if they are tied to the Federal Government's. Many States aren't.