Please help wrong information from college K1 Visa holder

[Dublindave 52]

Hi guys i really need some advise on this. I've applied for a place at a university in the state I will be living in. My K1 has been approved and i expect to enter the US on the 3rd of November. My wedding date is the 10th of December.

I got this email from the college I will be attending. They ask for international students to pay a deposit of 4000 dollars and provide affidavit of support to receive their I20 so they can get a F student visa. Seen as I wont be needing a student visa they just asked me for my I-797 I got from USCIS. After I sent it i got this reply.

We would need to see a proof of his application for permanent residency in order to waive the deposit.

His I-797 form shows that his approval for a fiancée visa is valid until 12/18/2016.

He can either apply for permanent residency before that date and show us his application receipt, or he can come to (college name removed) with a student visa.

He would need to change his visa for that, and he would need to pay the deposit and provide the other documentation.

Hope this makes sense.

Kind Regards,

I believe this information is completely inaccurate and was just wondering if anyone has any advise on what I can say back to them.

Edited October 19, 2016 by Dublindave

[B and H 18]

They want to see that you've applied for adjustment of status. You won't have what they're asking for until after you enter on your K1, get married, and file for adjustment of status.

[Pitaya 2,577]

~Moved from K1 Progress to Welcome to the US and Your New Life in America Forum~

~Similar topics are often discussed at this forum~

(mod hat off)

When you enter the US at your Port of Entry, your K1 visa will be invalidated. You need to get married and start the AOS process (see Form I-485) as soon as possible. You do not want to pay for tuition as an international student. Depending on the policies and requirements of your college/university, you should see what you need to qualify for in-state resident tuition.

In our own case, I (USC) had to produce evidence that I was a resident of the state, and that my stepson (K2) was my dependent. We had to pay non-resident tuition until he got his Green Card and I could show his status on my IRS Form 1040 Federal tax return.

https://www.uscis.gov/i-485

YMMV.

Good luck on your immigration journey.

[Dublindave 52]

Hi I don't need to provide residency. it's a school run by my church. As long as I'm a member in good standing I can attend for reduced tuition. I just don't understand why she wants the application receipt by the 18th of December. Is there something significant about that date or is she just confused. I understand I have to adjust status i just thought I had 90 days to do it.

[B and H 18]

No, you have 90 days to marry. There is no time limit to file for adjustment of status; but there are good reasons to do it quickly.

A deadline from the school/church is entirely separate and has nothing to do with your immigration process.

[Pitaya 2,577]

Hi I don't need to provide residency. it's a school run by my church. As long as I'm a member in good standing I can attend for reduced tuition. I just don't understand why she wants the application receipt by the 18th of December. Is there something significant about that date or is she just confused. I understand I have to adjust status i just thought I had 90 days to do it.

Thanks for providing more essential information about the school.

No, you have 90 days to marry. There is no time limit to file for adjustment of status; but there are good reasons to do it quickly.

A deadline from the school/church is entirely separate and has nothing to do with your immigration process.

Exactly !

[Dublindave 52]

Classes don't start until the 9th of January there is no deadline to register for classes before this date. My account is on hold with the school until I get this sorted status sorted. The 18th of December is the day my USCIS petition expires which is exactly 4 months after my NOA2. I don't understand why the school has latched onto my USCIS expiry date. It's not important at all. That email makes no sense. No if they said you need to have proof of application before classes start that would make more sense. I just don't understand. Also Im not entitled to apply for a student visa now. Because Ive immigration intentions If I remember correctly thats the case.

Edited October 20, 2016 by Dublindave

[Pitaya 2,577]

Classes don't start until the 9th of January there is no deadline to register for classes before this date. My account is on hold with the school until I get this sorted status sorted. The 18th of December is the day my USCIS petition expires which is exactly 4 months after my NOA2. I don't understand why the school has latched onto my USCIS expiry date. It's not important at all. That email makes no sense. No if they said you need to have proof of application before classes start that would make more sense. I just don't understand. Also Im not entitled to apply for a student visa now. Because Ive immigration intentions If I remember correctly thats the case.

Sounds like you should start further discussions with your school, nothing to do with USCIS.

Good luck on your educating the educators journey....

[kris&me 572]

May not be regular immigration question but does fall under the life in the US after coming here

All colleges require a deposit fee after acceptance

out-of-state is higher than in-state and international students pay even higher

at this point you are an international student

i would forget starting in January and ask to to start next fall when you can establish residency

even colleges run by a church have to follow guidelines for in-state students if they are accredited and receive any federal government or state monies

[usmsbow 801]

even colleges run by a church have to follow guidelines for in-state students if they are accredited and receive any federal government or state monies

While I can't say I know the policies and guidelines of every college in the United States, every private college that I'm familiar with only has one tuition price and does not have a "in-state" rate. Tuition is also not tied to a school's accreditation, and federal grants are not related to it either (except in some indirect ways perhaps).

It just sounds like the school is unfamiliar with K-1 visa holders.

[Dublindave 52]

While I can't say I know the policies and guidelines of every college in the United States, every private college that I'm familiar with only has one tuition price and does not have a "in-state" rate. Tuition is also not tied to a school's accreditation, and federal grants are not related to it either (except in some indirect ways perhaps).

It just sounds like the school is unfamiliar with K-1 visa holders.

Yes thats exactly what happened. Just someone in the office giving me the wrong information.

Thank you for your call this morning. After speaking with you, I checked with (name removed), our office director, to clarify a few things.

Regarding your situation, currently in K-1 status, you will not be considered an international student and will not be required to change status to F-1:

1- You will not be required to make an international student deposit.

2- You will not be eligible to continue studies after winter semester without proof that you have applied for Permanent Resident status. I am certain that you know this is required of those on K-1 visa status after they have married a U.S. Citizen, so I imagine this will be no problem for you.

3- If your PR application is somehow denied, please understand that there is no financial aid or assistance for students without lawful status in the U.S. and you would not be eligible to continue schooling at that point.

Received this a couple of hours ago. It's safe to say Im a very happy man now. That first email just did not make any sense at all. When I rang the lady that sent that mail today she was mad that I was told to switch to a F1 visa by the previous assistant.

The school I will attained is a private institution and does not receive any state funding AFAIK. We as members in good standing received reduced tuition, all non members pay a significantly higher tuition.

[TBoneTX 45,304]

That's great news -- thanks for the happy update.