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Yevgeniy

Wife waiting for AOS - can she attend college?

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So my wifes K1 expired a few years back and we just filed AOS a few months back and just waiting. She had her fingerprints done a few weeks ago. She wants to go to college to take some english classes but when we're registering its asking us if she is Permanent Resident or Refugee? and if so provide alien registration number. She has A number but im not sure what her status is at the moment, can she legally take the classes at college or do we have to wait for green card or work authorization? Thank you

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So my wifes K1 expired a few years back and we just filed AOS a few months back and just waiting. She had her fingerprints done a few weeks ago. She wants to go to college to take some english classes but when we're registering its asking us if she is Permanent Resident or Refugee? and if so provide alien registration number. She has A number but im not sure what her status is at the moment, can she legally take the classes at college or do we have to wait for green card or work authorization? Thank you

It depends on the college. Her status is currently "adjustment pending". It's a temporary period of authorized stay while her adjustment of status is pending. Some colleges might accept the I-797C receipt notice for her AOS application as evidence of lawful status. Many will not. If she get's an EAD then they might accept that, instead. Or, they might not. It depends on the college. In the worst case, she'll need to wait until she gets her green card.

The public school district where you live may have an adult school program for things like ESL and GED preparation. Most public school districts don't require proof of lawful presence to enroll. My wife and step kids are taking ESL classes at the adult school in the city where we live while we wait for their AOS to complete.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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We just went through this. My wife is awaiting AOS and when we applied to the college they demanded a drivers licenses as proof of residency. I appealed to the university President and she allowed us to bring in a copy of our lease with my wife on it and a copy of the K1 visa and receipt indicating that we had filed for AOS and they admitted her and even gave us in-state tuition. A lot of colleges and universities have a specific policy to deal with this issue because there are a lot of foreign students on student visas. I would suggest checking the website of the particular institution or calling the admissions office.

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the community college where i live said they could use my A number to prove i wasn't technically a foreigner


..The time line ..

04/04/2007 met in person

22/10 2008 engaged

29/03/2009 I-129F Sent

06/04/2009 money order cashed

13/04/2009 I-129F NOA1

20/07/2009 NOA2 petition approved

08/12/2009 Packet 3 Received

08/13/2009 Packet 3 Sent

09/14/2009 Medical Toronto

06/11/2009 interview PASSED!

15/11/2009 Visa Rcvd

14/02/2010 POE Sault Ste Marie ON

26/03/2010 Married

AOS

05/10/2010 mailed

05/17/2010 check cashed

05/21/2010 NOA1 rcvd

06/15/2010 Biometrics(Grand Rapids MI)

08/20/2010 interview (approved)

ROC

08/21/2012

10/13/2012 biometric

waiting

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