Advice needed on deciding on the type of visa I should apply for

[javadown2 308]

7 hours ago, fluffyshiba said:

So im trying to compile all the information so far and as you are going through the K1 process my questions could be hopefully answered more easily? Anyways, i talked to my bf and the main concern right now is the tuition cost after i arrive in the U.S. on a K1 visa(if we go with that route) It has been answered earlier in this topic (thank you very much btw) that K1 permits studying, but, i assume even after getting married it doesn't qualify me to be able to study on a non-international basis(or can it be possibly negotiable with a school while the green card is being processed maybe?) so if we would want to avoid the high tuition (well, mainly presenting $23k up front *cough*) would it be possible to study on a in-state after AOS is done and i got my green card? Would i still have to wait a year to be eligible for in-state tuition? I've read on one university's FAQ that after marrying the spouse takes on the amount of time the U.S. citizen has been in the country, which in my bfs case is his whole life, but I'm not sure if this information is still viable. Also, how long does it usually take for AOS? I've read mixed comments from either 1 to 3 months and 6 to 9 months?

It depends on the state you are going to be living in, some states only require 6 months to be eligible for in-state tuition prices. I'm doubting you would take on your husbands amount of time as a citizen in the US...research the college and their residency requirements...most schools post them on their tuition costs and what it takes to be a residence. I'm linking you an example of a CA requirement from 2013, it will be similar to any states requirements that you want to attend. 

Residency_Overview_Document_2013.pdf

[fluffyshiba 0]

Okay, so following your guidance @geowrian @javadown2 I decided to do my research more thoroughly and find out where exactly I got the idea from about 'acquiring spouses domicile time' thing, I must have read it somewhere before. And so I started looking for information regarding this specifically in the state where my bf lives and I would be studying which is NC. As mentioned, there is a 12 month period of continuous residency requirement, that is true. But at the same university site, namely NCSU over here https://grad.ncsu.edu/admissions/residency/ there is a 'marriage benefit' section that states the following:

Quote

If you currently residing in North Carolina and married to a legal North Carolina resident, you are permitted to use your spouse’s time in the state and residentiary acts as your own. Your own abode must be in North Carolina.

Now it's a little bit confusing for me, so am I allowed to use his domicile time or not? So then I looked further and in this North Carolina Residence Manual that you can take a look over here link  in point 4 it says pretty much 'yes it is possible to establish domicile even as a K1 visa holder or later having AOS pending BUT you still need those 12 months of residency in the state' (i didn't wanna copy the whole paragraph but just reworded what I understood from that part) Then later down in point 6 Married Persons it is said (and here I need to quote cause that's the part I'm not sure if I'm understanding correctly):

Quote

Although a nonresident cannot automatically achieve resident status simply by marrying a person domiciled in North Carolina, a nonresident person who marries a North Carolina legal resident may benefit from the length of time his or her spouse has been domiciled in this state. If the nonresident spouse becomes domiciled in North Carolina, he or she may count the length of time the resident spouse has been domiciled in North Carolina for purposes of satisfying the 12-month requirement for in-state tuition.43 The qualifying event must have occurred prior to the first day of the term for which the in-state tuition rate is requested. Qualification for this benefit is determined by information provided by the applicant including the North Carolina resident spouse’s residency information and legally valid marriage documentation.

The '43' over there I underlined was a footnote mark referring to point § 116-143.1. (g) in Article 14 over here link and it says:

Quote

Any nonresident person, irrespective of sex, who marries a legal resident of this State or marries one who later becomes a legal resident, may, upon becoming a legal resident of this State, accede to the benefit of the spouse's immediately precedent duration as a legal resident for purposes of satisfying the 12-month durational requirement of this section.

So I think I got to the source, but I'm without a clearer answer. In a way, the way i read it first and the simplest way it is explained at the NCSU site that yes you can acquire your spouses domicile time. Reading further, it looks like yes I can as long as I marry before applying to school? And then another reading I can understand in this could be that after 12 months of established domicile then my husbands domicile adds up to mine?? But then it wouldn't make much sense since it says "for the purposes of satisfying the 12-month durational requirement" so if it would be after 12 months then why would I need to add his domicile time to mine if the 12-month duration would be already met... Doesn't look like that's what it means right?

 

Either way please help me figure this out I feel more lost than before lol

 

Also, through immense amount of googling last night I found some thread on ***removed*** forums (though from 2007) where a US citizen with a foreign fiance were in a similar situation, namely, the fiance has been to the US before a couple of times and has a valid B2 visa and they plan on filing K1 visa for her. Because they do want to live together while the process is pending he asked if it is possible to do the following:

 

1) She arrives in US on B2 visa

2) After she's there he files K1 visa

3) She leaves to her home country before the 6 month validity of B2 visa is over (in our case would be most likely less than 6 months, maybe 3 or so, but still not a week or two)

4) She goes through the interview & so on back home and once K1 is approved, she goes back to the US

 

In the replies it this option was suggested as the best, safest bet. I'm considering this, because as I mentioned before it is gonna be extremely hard for me to prove strong ties to my home country while visiting my bf, or then fiance/husband on B2 visa without having a job I could go back to, continuing education in my home country any lease or a house I would own. So if it is legal to visit US like I did so far, visiting my bf on a B2 visa (each time my intent was clear, always mentioned visiting boyfriend and spending time together and got nothing but kind from the officers at POE) still wanting to go back, but starting to file a K1 while I'm over there it really seems like the best option for us. Without worrying about other possible visits to the US on a B2 visa while K1 has been requested/processing and being turned back at POE because suddenly I'm somehow suspicious and get sent back home. I will emphasize tho, I am not looking to cheat system in any way, I don't do this amount of research and asking for advice to try to do so. Just trying to lessen the possibility of being turned back at POE and make it from 'likely/possibly' to at least 'less likely' as it has been so far as I won't be buying a house or getting a lease to seem more credible anytime soon. I read that K1 cannot be filed while the fiance is living  in the US, but filing it as I'm just physically present, but as a tourist temporarily with the intent to go back and then come back on K1 after it is ready should be fine?

 

Let me know your thoughts, all your kind help is greatly appreciated, you are all amazing <3

edit: fingers crossed that I won't scare anyone off with the length of this post lol 

Edited October 6, 2017 by fluffyshiba