Can I study while AOS is pending?

[Messybrownhair 251]

Hi all,

My K1 visa has recently been approved and I will be heading to the US this February. Our church wedding is scheduled on April 2nd. I have applied to various grad schools as well and I plan to start fall 2011. Enrollment should be around July, which might not leave enough time to have my GC in hand. So my question is, am I allowed to study while AOS is pending? Is there some kind of form I need to get? I know during AOS you can get some kind of authorization from USCIS to request for employment, is there a similar process for study? I hope someone can advice me.

[NigeriaorBust 4,087]

You can study but you are not a resident without the greencard so you may have to pay higher more

[Messybrownhair 251]

Thanks Nigeria!

Yes, I am aware of the tuition increase since I am an intl student :/

Just making sure I am legally allowed to study because I don't want to defer my acceptance!

[SunDrop 59]

It depends very much on the school's regulations. You do not and should not be paying international rates, unless you're only planning on taking a class or two and don't mind paying extremely high rates by comparison.

When I asked recently, they said they either go on the date on your license or being declared on state taxes as a spouse. In my case, since we were married before December 31st, we can file jointly and so I qualify for in-state tuition as long as our state taxes are submitted before the start of the semester.

Short version goes: ask the school you wish to enroll at. You certainly shouldn't be counted as an international student, imho.

eta: I won't have my GC by the time the semester starts, but we will be declaring us on our taxes.

Edited January 3, 2011 by SunDrop

[Messybrownhair 251]

I am confused. The thing is, my fiance is from PA and the school I applied to is in Boston, so we will both be out-of-state? I also applied to a PA school so I am hoping that I am accepted there as well (no results yet) If I am, then it will save us a lot of trouble. But the last time I checked, but I am not sure, I am not considered a PA resident until I have stayed there for a year? which means I am not considered in-state? maybe someone can correct me?

also sundrop.. just wondering... why did it take you so long to apply for aos after the wedding?

[ameribrit 37]

It depends very much on the school's regulations. You do not and should not be paying international rates, unless you're only planning on taking a class or two and don't mind paying extremely high rates by comparison.

When I asked recently, they said they either go on the date on your license or being declared on state taxes as a spouse. In my case, since we were married before December 31st, we can file jointly and so I qualify for in-state tuition as long as our state taxes are submitted before the start of the semester.

Short version goes: ask the school you wish to enroll at. You certainly shouldn't be counted as an international student, imho.

eta: I won't have my GC by the time the semester starts, but we will be declaring us on our taxes.

Many education institutions in the states will not give you resident rates untill you have lived in state for one year.

I know the one i am looking at enrolling at have told me that they will consider me an international student, and have to pay the much higher out of state rates, until i have been there a year.

So to the OP. You are perfectly able to enroll in a grad school without a green card in hand. You will be in the country legally, so it won't be a problem. But like me, you will probably have to endure much higher tuition rates for your first year.

[Messybrownhair 251]

Ameribirit, thats what I was told too. The first year of grad school will be out-of-state rates

[marriedtomrg 140]

Check the PA school for it's rules about eligibility for in-state tuition.

In Florida, if you are married to a resident who has lived in the state for the past 5 years, you will qualify for in-state tuition.

I am confused. The thing is, my fiance is from PA and the school I applied to is in Boston, so we will both be out-of-state? I also applied to a PA school so I am hoping that I am accepted there as well (no results yet) If I am, then it will save us a lot of trouble. But the last time I checked, but I am not sure, I am not considered a PA resident until I have stayed there for a year? which means I am not considered in-state? maybe someone can correct me?

also sundrop.. just wondering... why did it take you so long to apply for aos after the wedding?

[Brother Hesekiel 2,235]

Hi all,

My K1 visa has recently been approved and I will be heading to the US this February. Our church wedding is scheduled on April 2nd. I have applied to various grad schools as well and I plan to start fall 2011. Enrollment should be around July, which might not leave enough time to have my GC in hand. So my question is, am I allowed to study while AOS is pending? Is there some kind of form I need to get? I know during AOS you can get some kind of authorization from USCIS to request for employment, is there a similar process for study? I hope someone can advice me.

Imagine this question were part of the Grad School entry exam:

An international student with a student visa studies in the US with the permission of the US Government

The student gets married to a US citizen and files for Adjustment of Status from non-immigrant to immigrant afterward.

Is the student still a student even when married to a US citizen, or would she have to stop studying and go to church instead until she has become a Green Card holder?

A: She is still a student

B: She is a sinner and needs to go to church instead

[Messybrownhair 251]

Imagine this question were part of the Grad School entry exam:

An international student with a student visa studies in the US with the permission of the US Government

The student gets married to a US citizen and files for Adjustment of Status from non-immigrant to immigrant afterward.

Is the student still a student even when married to a US citizen, or would she have to stop studying and go to church instead until she has become a Green Card holder?

A: She is still a student

B: She is a sinner and needs to go to church instead

Eh? First of all I am coming on a k1 visa, and I was just wondering because it will take me a while to get all the necessary info needed to apply for school like a ssn etc, my school itself was not sure about how to go about it since I am the first intl student in their program (communication disorders) in the application they ask me what my status is, and they are not sure if I can write "Pending GC" or something on it.

Thanks everyone!

[punkydawg 1]

My local community college told me "you have a Louisiana ID, you qualify for Louisiana rates."

[Messybrownhair 251]

I think the school mistook my question as someone who is trying to go from tourist- student visa while in the US... I will ask again

[Brother Hesekiel 2,235]

If you sign up for school, they will usually ask if you are a resident of the State. Although this is handled differently from State to State, most States require the applicant to have "lived" in the State for at least 6 or 12 months in order to qualify for in-State tuition. Most usually take the applicant's word for it, which is why tens of thousands of illegal aliens are studying in the US.

If you state that you are not a resident of the State, you will be charged out-of-State tuition and--if requested--will be issued an I-20 form which you can use in order to apply for a student visa.

Of course, when applying for Grad School, you'll have to provide official transcripts pertaining to your qualification.

You do not reveal how far you've come in regard to application and being accepted for school. As someone who entered the country legally with a visa, got married to a US citizen, and filed for Adjustment of Status to resident you surely can go to school, if the school plays along.