Higher education while waiting for I-765 and/or AOS approval?

[Purple_Paladin 9]

We're going ahead with the K1 process at the moment but still weighing all the options.

 

The question my fiance has is: Can he and his daughter enroll in college or certificate/training programs while waiting for the right to work?

 

He doesn't want to "do nothing" while waiting and he'd like to pursue something that can assist him (and his daughter) in finding employment once the I-765 is approved. 

Would he be permitted to do this?

 

TIA!

[Boiler 46,556]

I know where I am there is no requirement to be in the US legally, I would ask the College concerned what the deal is, what the cost would be.

[Purple_Paladin 9]

  On 2/23/2025 at 2:48 PM, Boiler said:

I know where I am there is no requirement to be in the US legally, I would ask the College concerned what the deal is, what the cost would be.

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Just for clarification... is he not here 'legally' if he comes to the US on a K1 visa and we're married and waiting for AOS or EAD?

[Boiler 46,556]

Under the colour of law, no current I 94 no GC.

[Purple_Paladin 9]

  On 2/23/2025 at 3:13 PM, Boiler said:

Under the colour of law, no current I 94 no GC

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Wouldn't he receive the I-94 at point of entry when he comes with the K1 visa?

[Boiler 46,556]

  On 2/23/2025 at 3:19 PM, Purple_Paladin said:

Wouldn't he receive the I-94 at point of entry when he comes with the K1 visa?

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For 90 days

 

How long does he want to study?

[Purple_Paladin 9]

  On 2/23/2025 at 3:19 PM, Purple_Paladin said:

  On 2/23/2025 at 3:13 PM, Boiler said:

Under the colour of law, no current I 94 no GC

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Wouldn't he receive the I-94 at point of entry when he comes with the K1 visa?

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Or will it have expired at 90 days and will he recieve an updated one when AOS is approved?

 

  On 2/23/2025 at 3:19 PM, Boiler said:

For 90 days

 

How long does he want to study?

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We posted at the same time but I think I understand now. 

[Boiler 46,556]

When AoS is approved he gets his GC

[Crazy Cat 42,967]

  On 2/23/2025 at 2:51 PM, Purple_Paladin said:

Just for clarification... is he not here 'legally' if he comes to the US on a K1 visa and we're married and waiting for AOS or EAD?

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90 days after entering via a K-1, he will be out of status.  However, once he submits a proper I-485, he will be granted "authorized stay" in the US until the I-485 has been either approved or denied.  It is strongly advised to submit Adjustment of Status paperwork within 90 days of entry.  "Authorized Stay" is not a legal status, in itself, but it prevents the grantee from accruing unlawful presence.  

Some states allow driver's license, etc with proof of a pending I-485.  

Edited February 23 by Crazy Cat

[Purple_Paladin 9]

  On 2/23/2025 at 3:27 PM, Crazy Cat said:

90 days after entering via a K-1, he will be out of status.  However, once he submits a proper I-485, he will be granted "authorized stay" in the US until the I-485 has been either approved or denied.  It is strongly advised to submit Adjustment of Status paperwork within 90 days of entry.  "Authorized Stay" is not a legal status, in itself, but it prevents the grantee from accruing unlawful presence.  

Some states allow driver's license, etc with proof of a pending I-485.  

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Perfect! this was what I was wondering, because I've read older posts that indicate it's risky for him to drive without the green card because an officer could consider he is 'out of status' and call ICE to detain him. If he has a license to drive, however, and the receipt notifcation of the I-485, that should be enough, correct?

[Boiler 46,556]

He needs a Drivers License after how many days your State gives new residents. Assuming he has a French one.

[NorthByNorthwest 415]

  On 2/23/2025 at 4:34 PM, Purple_Paladin said:

Perfect! this was what I was wondering, because I've read older posts that indicate it's risky for him to drive without the green card because an officer could consider he is 'out of status' and call ICE to detain him. If he has a license to drive, however, and the receipt notifcation of the I-485, that should be enough, correct?

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Driver's license requirements are highly state-specific, chances are he will not be able to get a driver's license until he at least has EAD approved. Irrespective of driver's license he should carry passport and I-485 receipt note at all times, especially once his I-94 has expired.

Edited February 23 by NorthByNorthwest

[JeanneAdil 6,779]

According to the following chart u can attend 

https://www.ice.gov/doclib/sevis/pdf/Nonimmigrant Class Who Can Study.pdf

 

while waiting for AOS you can not apply for state or federal funds to help pay tuition

[Ontarkie 14,707]

~~Moved to Moving Here and Your New Life, form K1 P&P- as at this time the OP is asking about life in the US (College<DL and such).

[Ontarkie 14,707]

They should be able to attend college, whether anyone would want to pay the tuition rate is another story. The issue usually comes from them not yet being permanent residents. Once the AOS is filed they will be allowed to remain here in the US but it is sort of a limbo status. Very few reports over the years have been some colleges, usually community colleges would take your residence information and apply to your spouse and child. Giving them In-State tuition. Many though want to charge tuition as a foreign student rate and that rate is nuts. So most wait until they can enter as a resident with the much lower tuition. 

 

They can do any type of true volunteer things. These things must be 100% volunteering, not job at the end one the EAD or GC arrive. If your local college has some sort of community class they can do those too. Most of those type of classes do not need much more then signing up and paying the class fee.