Q: US citizen to marry Canadian with international student visa. will this jeopardize her residency tuition?
Hello, I am a US citizen and resident of Ohio. My fiancé is Canadian and still resides in Canada. We are planning on marrying very soon, long term to live in Ohio, and she is in the process of transferring to an Ohio university as an international student on a study visa. She will have state residency tuition under this scenario. If we marry, does this affect her residency status for tuition? And also can we apply for her green card after marriage while on a student visa?
Thank you!
D
A:
The residency question is best directed to the university. It isn't really a legal question. It is possible that her student VISA entitles her to in-state tuition without meeting the normal residency requirements, so she might have to live here for a period of time after she adjusts status to a green card before she will again be eligible for in-state tuition. The university financial aid office is the best place to ask about that.
As for adjustment of status, she can adjust to permanent residency status. But, and particularly in the current political climate, you technically aren't doing it right. Since she intends to marry and remain in the US, she should not be applying for a student visa, but for a K or fiance visa. While they usually (at least in the past) permit the adjustment from student visa to green card when a student marries a citizen, she could be accused of misleading authorities because she is applying for a non-immigrant visa (student visa), even though she intends to immigrate. This is particularly a concern because the plan is already in place. It's not like she came here on her student visa with no intention of staying, fell in love, and changed her mind. It would really be best for you to speak privately with an immigration attorney before proceeding.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
