School and K-1 visa?

[INEFFABLE11 0]

Hello.

I was wondering if it's possible to attend school on AOS(k-1 visa to conditional green card holder).

My finace is trying to attend graduate school starting Sept 2012 in the States. If I(u.s. citizen) begins the petition process now, will he be able to start school then? Can one attend school on temporary green card? or even on AOS?

Please give me some advices. Thanks.

[LIFE'SJOURNEY 970]

Yes, one can attend secondary education school on a "temp green card ??? or on AOS at the cost rate of an international student.

Now to be correct, once an LPR obtain their CG, they can attend a secondary education school at the same cost of an USC.

[Nikita2Charles 32]

what state are you in?

[alex and astrid 38]

Yes, one can attend secondary education school on a "temp green card ??? or on AOS at the cost rate of an international student.

Now to be correct, once an LPR obtain their CG, they can attend a secondary education school at the same cost of an USC.

Not entirely correct - A permanent resident or a citizen can attend college or university in a US State and pay resident tuition fees once they become a resident of that state. For example, in California, you must have been a resident of the state for a year and a day before the start of a semester in order to pay resident fees. If you do not qualify, you must pay non resident fees, even if you are a USC. Of course, your milage may vary depending on the state you reside in.

[LIFE'SJOURNEY 970]

Not entirely correct

Correction would have been let me elaborate more - A permanent resident or a citizen can attend college or university in a US State and pay resident tuition fees once they become a resident of that state. For example, in California, you must have been a resident of the state for a year and a day before the start of a semester in order to pay resident fees. If you do not qualify, you must pay non resident fees, even if you are a USC. Of course, your milage may vary depending on the state you reside in.

What I stated is correct, I stated that they will pay the rate of a USC. If you wish to explain fully and break it down, then that's your choice.

Now, a USC rate can be broken down into two different rates: in-state (resident of that state) or out of state.

There are generally 3 different pay scales for college tution: in-state, out-of state or international. BUT a LPR does not qualify for a USC rate be it in-state (resident of that state) or out of state until they have received their GC.

[alex and astrid 38]

What I stated is correct, I stated that they will pay the rate of a USC. If you wish to explain fully and break it down, then that's your choice.

Now, a USC rate can be broken down into two different rates: in-state (resident of that state) or out of state.

There are generally 3 different pay scales for college tution: in-state, out-of state or international. BUT a LPR does not qualify for a USC rate be it in-state (resident of that state) or out of state until they have received their GC.

I have worked in the admissions department of a Californian college and I am very familiar with residency rules.

You were partially correct. The important part to remember with tuition rates is that you do not always qualify for in state tuition when the green card is in hand. US residency does not always automatically mean state residency. There is often a waiting period, and in the meantime, the green card holder must pay out of state fees if they want to go to school. A US citizen can move to another state and still be subjected to out of state tuition. How you stated your answer made it sound like it was an automatic thing.

To the OP - since we don't know what state you are from or the specific school your fiancee wants to attend - you are best to contact the school and see what their rules are and what rates you need to pay. As for being able to attend while on AOS - I don't know the answer to that, because I never came across that when I worked at my college. But, once you have the green card after AOS, you are free to attend wherever you please. Whether you have a two or ten year green card doesn't matter.

Edited May 29, 2010 by alex and astrid

[Audy_Rob 26]

...BUT a LPR does not qualify for a USC rate be it in-state (resident of that state) or out of state until they have received their GC.

Isn't this really just a matter of a short time period for the GC to arrive in the mail after approval? When you are in AOS, you are not an LPR. I believe if you are an LPR, you should have a GC or ALL LPR's are entitled to GCs by definition.

[HeatDeath 430]

Isn't this really just a matter of a short time period for the GC to arrive in the mail after approval? When you are in AOS, you are not an LPR. I believe if you are an LPR, you should have a GC or ALL LPR's are entitled to GCs by definition.

A GC is a physical token you carry to prove your LPR status. Your LPR status is typically awarded on the date they order card production. This date is recorded on the GC as your "Resident since" date. So you very well have LPR status without holding a physical GC that documents that status.

But as to whether holding LPR status (whether you can prove it or not) automatically entitles you to in-state tuition rates - unfortunately, no. Read some of the threads in the "Working and Traveling in the US during Immigration" forum about getting a US Drivers License. It's a similar situation. Like getting in-state resident tuition rates, getting a state driver license virtually never depends solely (or in some cases, at all) on whether the federal government thinks you have legal presence in the US. It usually depends on whether that particular state thinks you are a resident of that particular state, by that particular state's legal definition of state residency. State law definitions of state residency are wildly variable from state to state and frequently have little, if anything, to do with federally awarded immigration status (i.e your green card).

And to make things even more complex, a state may have, as California apparently does, additional criteria for whether you qualify for in-state tuition rates on top of the bare-minimum state residency criterion they apply when deciding whether or not to give you a local driver license - the aforementioned waiting periods and the like.

Best bet is to talk to the admissions officers at the schools near you. It's their jobs to know and apply the local criterion. These things vary too much to make it worth trying to research out generalities. Go straight to the source. - the particular school you have in mind.