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Sarah&Facundo

Going to college on the K1

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Hello! My fiance will be moving here on the K1 visa in a few months. Especially because he really can't do anything until he receives his EAD permit, he really wants to enroll in college courses to work towards his degree. The college already said he will evaluate the classes he took in his home country to see if he can receive some credits. Can he attend college on the K1 alone? Does he need to change into F1? Someone at the school says he would have to change his status to F1 but that does not sound right to me because an F1 is an agreement to go back home and remain here legally only while in school. Does anyone have experience with this?

 

Thank you!

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Filed: Citizen (pnd) Country: Canada
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12 minutes ago, Sarah&Facundo said:

Hello! My fiance will be moving here on the K1 visa in a few months. Especially because he really can't do anything until he receives his EAD permit, he really wants to enroll in college courses to work towards his degree. The college already said he will evaluate the classes he took in his home country to see if he can receive some credits. Can he attend college on the K1 alone? Does he need to change into F1? Someone at the school says he would have to change his status to F1 but that does not sound right to me because an F1 is an agreement to go back home and remain here legally only while in school. Does anyone have experience with this?

 

Thank you!

I had a similar experience when I came here on a K-1, and I got varying answers from different schools. A K-1 is a non-immigrant visa. Most of the universities I contacted told me that I would need my green card for them to accept me. Several community colleges in my area said I could take classes while in the AOS stage, once I had my EAD, before I had my GC, which makes sense. But the following document from the ICE website only makes it more confusing, in that it says K visa holders CAN study with a valid K visa (contrary to what many people believe, which is that because you can't work on a K-1, you can't study either), but of course the K visa has an impending expiration date that may not cover the full duration of the college semester. So what are the provisions, if any, for those holding an expired K-1 but who have a pending AOS application? The best answer I was able to find when I was looking through the forums a couple of years ago was "it's up to each school what they will and will not accept."

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

 

The school telling you that he needs the F-1 doesn't work in your situation. If he comes here on a study visa with the intention of getting married, that's immigration fraud. And if he comes here on the K-1, he would apply for AOS to permanent resident once married, not apply for a study visa.

 

I was fortunate in that my Canadian university has online classes, so after weighing the pros and cons and not having much confidence in the varying answers we received from school to school, we opted for me to continue with my degree through my Canadian school rather than  try to work out the logistics here.

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1 hour ago, Sarah&Facundo said:

Hello! My fiance will be moving here on the K1 visa in a few months. Especially because he really can't do anything until he receives his EAD permit, he really wants to enroll in college courses to work towards his degree. The college already said he will evaluate the classes he took in his home country to see if he can receive some credits. Can he attend college on the K1 alone? Does he need to change into F1? Someone at the school says he would have to change his status to F1 but that does not sound right to me because an F1 is an agreement to go back home and remain here legally only while in school. Does anyone have experience with this?

 

Thank you!

My partner came here on K1 in May 2016. I work for a college. He also wanted to go to school. Because his English was not at a level to be academically-prepared for college, we first enrolled him in non-credit ESOL (English for Speakers of Other Languages). He completed all 6 levels of this (each one taking about 2 months). In regards to admission to the college. If he would have only been using the K1, he would have to pay out-of-state/international tuition rates - which are significantly higher. Once married, with marriage certificate in hand, spouse is able to claim residency in-state based on USC spouse residency in the state (translation ---- in-state rates). He didn't have to wait for change in status. Hope this info helps. 

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17 minutes ago, phildinftlaudy said:

My partner came here on K1 in May 2016. I work for a college. He also wanted to go to school. Because his English was not at a level to be academically-prepared for college, we first enrolled him in non-credit ESOL (English for Speakers of Other Languages). He completed all 6 levels of this (each one taking about 2 months). In regards to admission to the college. If he would have only been using the K1, he would have to pay out-of-state/international tuition rates - which are significantly higher. Once married, with marriage certificate in hand, spouse is able to claim residency in-state based on USC spouse residency in the state (translation ---- in-state rates). He didn't have to wait for change in status. Hope this info helps. 

 

This is EXTREMELY helpful! When I spoke to the school, they also told me once married, he qualifies for in-state tuition. They also said he would be tested for English and based on his scores, he may have to do non-credit ESL classes. His English is good so if he isn't quite college ready, they told me he would not need to start at the beginning of the ESL course progression (there are 7 classes). We plan on marrying right after he arrives and applying for AOS/EAD immediately. Once this happens, he can safely go to school even before he receives his green card and work permit?

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Just now, Sarah&Facundo said:

 

This is EXTREMELY helpful! When I spoke to the school, they also told me once married, he qualifies for in-state tuition. They also said he would be tested for English and based on his scores, he may have to do non-credit ESL classes. His English is good so if he isn't quite college ready, they told me he would not need to start at the beginning of the ESL course progression (there are 7 classes). We plan on marrying right after he arrives and applying for AOS/EAD immediately. Once this happens, he can safely go to school even before he receives his green card and work permit?

Yes, no problem at all going to school. Use his passport, birth certificate, marriage license, and K-1 approval letter. Kevin arrived May 13th; we married June 17th; and he started ESOL June 28th. He tested and started in Level 2. Level 6 and 7 are usually combined. We filed for AOS in July and had his EAD/AP and green card by the end of October. If he has any type of transcripts (college or otherwise), have him get those before he comes over here. Also, have you had your interview yet? If not, there is a good hotel that is located very close to the "new" (not so new anymore) embassy. If you need any additional information, feel free to ask.    -Phil

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Filed: Citizen (apr) Country: Vietnam
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1 hour ago, Sarah&Facundo said:

 

This is EXTREMELY helpful! When I spoke to the school, they also told me once married, he qualifies for in-state tuition. They also said he would be tested for English and based on his scores, he may have to do non-credit ESL classes. His English is good so if he isn't quite college ready, they told me he would not need to start at the beginning of the ESL course progression (there are 7 classes). We plan on marrying right after he arrives and applying for AOS/EAD immediately. Once this happens, he can safely go to school even before he receives his green card and work permit?

There is no legal prohibition against it. He will not get in trouble for going to school. If he receives any money for school from somewhere, it gets much more murky. If you are self paying, then it isn't an issue at all. The only decider is if the school will accept him, as different schools have different rules. 

Steps Before Citizenship:

Spoiler

K-1

09/24/2016 - I-129F Packet Submitted, 09/26/2016 - NOA1, 10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received 02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received (now the fun begins) --> 03/29/2017 - Interview disappears from the schedule on the embassy website -->03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.-->03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport. --> 04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed) --> 04/11/2017 - Passport at embassy according to Thai Post Office --> 04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)--> 04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given --? 04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved, EAD - Card Produced Awaiting Mailing, EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date
12/12/2018 - Approved

ROC

11/18/2020 - Mailed ROC packet

11/20/2020 - Packet received

01/16/2021 - Received NOA1 

05/28/2021 - Biometrics Waived

08/04/2021 - ROC Approved

08/11/2021 - GC received

 

Citizenship

09/15/2021 - N-400 Filed Electronically, NOA-1 received, Biometrics Waiver Received

07/01/2022 - Interview Notice Received
08/10/2022 - Interview Date, Approved, Oath Ceremony

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I'll add that he will need his permanent resident status (green card) in order to file the FAFSA to be eligible for Pell Grants and other federal financial aid. He will also need a SSN to fill out the FAFSA. I would use the time while waiting for the green card to get the English testing, complete any needed ESOL courses, and get familiar, comfortable being in U.S. 

 

Even though Kevin wanted to accomplish everything "in a day" (so to speak), he was actually grateful that the process went at a slower pace because it allowed him to adjust. It is a big move and a big change. He had bus routes to learn, needed to get used to the area, and (after going through the K-1 process) he was more than happy to have a little bit of down time. 

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On 8/17/2017 at 5:43 PM, phildinftlaudy said:

I'll add that he will need his permanent resident status (green card) in order to file the FAFSA to be eligible for Pell Grants and other federal financial aid. He will also need a SSN to fill out the FAFSA. I would use the time while waiting for the green card to get the English testing, complete any needed ESOL courses, and get familiar, comfortable being in U.S. 

 

Even though Kevin wanted to accomplish everything "in a day" (so to speak), he was actually grateful that the process went at a slower pace because it allowed him to adjust. It is a big move and a big change. He had bus routes to learn, needed to get used to the area, and (after going through the K-1 process) he was more than happy to have a little bit of down time. 

 

That makes sense. He is going to start at community college so we can just pay for it, that's not an issue. But it's good to know he can attend school without an issue

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  • 1 year later...

@phildinftlaudy My fiancee is from the Philippines and has completed her Bachelor's degree and the academic requirements for her Master's degree. She plans to study as well when she gets to the states. She is preparing all her documents. My question is, does she need her transcripts to be authenticated/red ribboned by the Philippine consulate? did you have to do that? She plans to enroll in a community college. We understand that different schools have different admission requirements, but we want to know what the usual requirements are. What other documents do you suggest she prepare and get authenticated?

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For the community college, you do not need anything, as anyone with a high school diploma can attend. As far as transferring credits, you need to pay a service to do that here in the US. There is an office in New York we had gone to, but there are a few other places around the country.

 

Also, the school in the their country needs to directly mail the transcripts to whatever school they attend here.

Edited by Sarah&Facundo
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26 minutes ago, Jam Boa said:

@phildinftlaudy My fiancee is from the Philippines and has completed her Bachelor's degree and the academic requirements for her Master's degree. She plans to study as well when she gets to the states. She is preparing all her documents. My question is, does she need her transcripts to be authenticated/red ribboned by the Philippine consulate? did you have to do that? She plans to enroll in a community college. We understand that different schools have different admission requirements, but we want to know what the usual requirements are. What other documents do you suggest she prepare and get authenticated?

Definitely bring all transcripts. Official ones are best. For community college, while high school diploma is all that is typically required, depending on the program of study, college transcripts may be needed (or, if your fiancée wants to get into an accelerated program - once again, depending on program of study). Also, the high school transcripts will need to be evaluated. That can be done here in the U.S.  There are many companies that do it. We used Spantran; however, there are lots that I am sure are equally good. We didn't need the high school transcripts evaluated when my spouse was attending non-credit courses but when he wanted to start his credit based program, the evaluated transcripts were required. It took a couple of weeks to have them evaluated. Most colleges will give provisional admission and allow a few weeks (up to a semester) to get the transcripts evaluated and the official results transmitted to them. 

 

Let me know if you have any other questions. Also, if you know the name of the community college, let me know, as I have connections across the U.S. and can get more college specific information from colleagues, if needed. 

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phildinftlaudy

 

Thank you so much! That was a lot of helpful information. We are now reading more about the evaluation companies that we can possible use.  She's planning to go to Southeast Community College in Lincoln, NE. Highschool transcripts? Will she need that if she were to take up nursing at SCC? 

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21 hours ago, Jam Boa said:

phildinftlaudy

 

Thank you so much! That was a lot of helpful information. We are now reading more about the evaluation companies that we can possible use.  She's planning to go to Southeast Community College in Lincoln, NE. Highschool transcripts? Will she need that if she were to take up nursing at SCC? 

According to Southeast Community College website, they want "All official transcript(s) from your high school or HiSET (formerly known as GED) and any college(s) you've attended."  I would get as many official transcripts as possible (high school, college, etc.). We found that Spantran (www.spantran.com) was easiest to work with in regards to evaluation (and translation, if needed) of educational credentials. They were pretty fast and reasonably priced, all things considered. I had researched others and many wanted the original documents mailed to them and we didn't want to risk them getting lost. Spantran allowed for the documents to be uploaded. 

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  • 4 weeks later...

phildinftlaudy

 

Hi, We have called SCC to verify the requirements. They said her transcript needs to be evaluated and they recommended WES. We visited WES's website to see the requirements and it says that the transcripts must be placed in a sealed envelope (with the college stamp or seal on the flap and the registrar's signature). We also checked other NACES-member credential evaluators and most of them requires the transcript to be in a sealed envelope, too. Was this your experience? We have read other threads and most of them doesn't mention anything about that sealed envelope. My fiancee is yet to go back to the school to ask if she can request for this. She just recently requested for 3 copies of it, too. Also, we do not have any request form from SCC yet. She won't be enrolling anytime soon. She is just getting all her documents ready because she doesn't want to bother her friends or family to do it for her in the future.  

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3 minutes ago, Jam Boa said:

phildinftlaudy

 

Hi, We have called SCC to verify the requirements. They said her transcript needs to be evaluated and they recommended WES. We visited WES's website to see the requirements and it says that the transcripts must be placed in a sealed envelope (with the college stamp or seal on the flap and the registrar's signature). We also checked other NACES-member credential evaluators and most of them requires the transcript to be in a sealed envelope, too. Was this your experience? We have read other threads and most of them doesn't mention anything about that sealed envelope. My fiancee is yet to go back to the school to ask if she can request for this. She just recently requested for 3 copies of it, too. Also, we do not have any request form from SCC yet. She won't be enrolling anytime soon. She is just getting all her documents ready because she doesn't want to bother her friends or family to do it for her in the future.  

Hi, Jam Boa

We used Spantran and they allowed us to upload the documents. They have a secondary verification process that you can pay for (we did) - where they call the foreign institution to verify. I think this is why they allow for uploading of documents. We were not in a position to get a sealed document from the Dominican Republic, nor did we want to give up his only official copy by mailing it to a company. Spantran was a bit more pricey because of the extra service; however, they were fast, reliable, and got the job done. 

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