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Posted

Hello,

 

I am currently an international student and getting married in early January (2nd), my next semester starts January 15th. My counselor told me that in order for me to study with a reduced course load and in-state tuition I have to be pending residency status. I was wondering if there is any way I could get to that status in less than two weeks of marriage if not are there any other solutions that will allow me to study my semester with an in-state tuition? (keep in mind I-20 doesnt get terminated right away, but only after 21 days of not showing up to classes).

 

One last question, can I drop my international student status right after marriage and still apply for residency or do I have to keep it until I get a receipt of my application? All help appreciated.

Posted
25 minutes ago, NizarL said:

Hello,

 

I am currently an international student and getting married in early January (2nd), my next semester starts January 15th. My counselor told me that in order for me to study with a reduced course load and in-state tuition I have to be pending residency status. I was wondering if there is any way I could get to that status in less than two weeks of marriage if not are there any other solutions that will allow me to study my semester with an in-state tuition? (keep in mind I-20 doesnt get terminated right away, but only after 21 days of not showing up to classes).

 

One last question, can I drop my international student status right after marriage and still apply for residency or do I have to keep it until I get a receipt of my application? All help appreciated.

In state residency requirements vary from state by state. What state are you in?

 

 

Posted
1 minute ago, NizarL said:

Pennsylvania.

For PA, you generally need to live in PA for one year prior to starting school to be deemed in-state. While you're enrolled at a school, this doesn't change - otherwise, all students would change their status to 'in-state' after the first year to save on tuition. You can appeal residency at your university, however residency isn't going to be tied to your legal status or marriage. Once you become a permanent resident, you *can* qualify for in-state tuition but you still would need to meet the 12 month rule (living there for 12 months prior to school enrollment for other purposes).


After you get married, I'd apply for AOS. It's a much more flexible status than a student visa. 

Posted
1 minute ago, GreatDane said:

For PA, you generally need to live in PA for one year prior to starting school to be deemed in-state. While you're enrolled at a school, this doesn't change - otherwise, all students would change their status to 'in-state' after the first year to save on tuition. You can appeal residency at your university, however residency isn't going to be tied to your legal status or marriage. Once you become a permanent resident, you *can* qualify for in-state tuition but you still would need to meet the 12 month rule (living there for 12 months prior to school enrollment for other purposes).


After you get married, I'd apply for AOS. It's a much more flexible status than a student visa. 

Thanks for the reply. Will I be in any sort of trouble if I dont go to school after marriage and just wait for my work permit after applying for AOS? My F1 status will be terminated by February im guessing. Also when can I expect getting a receipt after filing for AOS. Thanks again!

Posted
10 hours ago, NizarL said:

Thanks for the reply. Will I be in any sort of trouble if I dont go to school after marriage and just wait for my work permit after applying for AOS? My F1 status will be terminated by February im guessing. Also when can I expect getting a receipt after filing for AOS. Thanks again!

You won't get in trouble but I would think it looks suspicious if you come over as a student and quit as soon as you get married - eventually they will look pretty hard into your relationship and your intent. After you get married, file AOS. Once your F1 status is no longer valid, you won't be able to work or leave the country. When filing AOS, make sure to include AP/EAD to expedite the process. 

Posted

 

6 hours ago, GreatDane said:

You won't get in trouble but I would think it looks suspicious if you come over as a student and quit as soon as you get married - eventually they will look pretty hard into your relationship and your intent. After you get married, file AOS. Once your F1 status is no longer valid, you won't be able to work or leave the country. When filing AOS, make sure to include AP/EAD to expedite the process. 

Will it look bad if I said that I have stopped studying because I'm waiting to spend enough time in PA to access an in-state tuition? Also do you think I should study this upcoming semester as an international student in order for me to avoid looking bad?

Posted
5 hours ago, BuiQuang said:

residency status for tuition have nothing to do with immigration status.

 

u will not qualify for in-state tuition

 

u stop school, u can't go back to being internatnonal student

 

with aos file, u get to stay legally even if u no longer have valid i-20

When can I qualify for in-state tuition? and do I need a lawyer for AOS and Work permit or should I apply myself? Thanks !

Posted

Are you in the usa right now? If so you can marry and adjust status. 

 

Check with the school to see if they can adjust your in-state residency to match your spouse's after youre married or have your ead

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
17 hours ago, NizarL said:

 

Will it look bad if I said that I have stopped studying because I'm waiting to spend enough time in PA to access an in-state tuition? Also do you think I should study this upcoming semester as an international student in order for me to avoid looking bad?

No, if you want to save up or wait for in-state status, that's understandable. Just make sure you save up for it as you will be interviewed for AOS and they might ask. You can take a break from your studies but it will need to be a one year break - ask your university beforehand what they offer in terms of deferment for a year or if you have to reapply again. If you have to reapply again, there's a risk you might not get in and the next university might not accept all of the transfer credits. Do what works for you.

17 hours ago, NizarL said:

When can I qualify for in-state tuition? and do I need a lawyer for AOS and Work permit or should I apply myself? Thanks !

Apply yourself - it's not too difficult. Your spouse should help as it's a bit tricky, even for native English speakers. Apply for AOS, AP, and EAD all at once. When you file AOS, you can file AP and EAD without paying extra.

Posted
On 12/7/2017 at 1:28 PM, GreatDane said:

No, if you want to save up or wait for in-state status, that's understandable. Just make sure you save up for it as you will be interviewed for AOS and they might ask. You can take a break from your studies but it will need to be a one year break - ask your university beforehand what they offer in terms of deferment for a year or if you have to reapply again. If you have to reapply again, there's a risk you might not get in and the next university might not accept all of the transfer credits. Do what works for you.

Apply yourself - it's not too difficult. Your spouse should help as it's a bit tricky, even for native English speakers. Apply for AOS, AP, and EAD all at once. When you file AOS, you can file AP and EAD without paying extra.

Thanks a lot for the help Dane, I think we're gonna apply for all of those shortly after marriage, I have a few more questions though;

 

Do we need to open a joint Bank account before applying or is it fine if we only share the lease of the apartment we're renting? I want my application to be neat, but I'm not sure if we can manage to make the bank account look good in few short months after opening it.

 

Also if my spouse needs to sign a sponsorship document or anything of the sort (regarding the AOS, AP, and EAD application), is there a minimum wage or savings set for that kind of things or is there fixed amount. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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