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Old Nov 17th 2002, 3:43 pm   #1
John
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Default K1 and student loans/financial aid for college

I posted a question yesterday and realized that I didn't pose my question in
a thorough manner.

Are you able to apply for financial aid once you arrive in the US and marry,
apply to adjust status and are in the "conditional permanent residence"
status? Or do you have to wait
the 2+ years for the "conditional " status to be removed when you get your
green card?

My fiance has attended three years of University in her country so I am
trying to discern at what point she would be eligible for financial aid so
that she can get her degree in the US.

Or if anyone else has any other options or information for a similar
situation where the person doesn't have the money to go to school and would
need to borrow.

Thank you,

John
 
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Old Nov 17th 2002, 4:34 pm   #2
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Your fiancee will be entitled to financial aid when she get her greencard. Be it conditional or permanent.

If you have no money to pay for your own tuition, wait for the greencard or look for organization that will give scholarships. You, as her sponsor is the one who's responsible for schooling and not the government.

-C
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Old Nov 17th 2002, 5:10 pm   #3
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Default Re: K1 and student loans/financial aid for college

Your other post said you are in the NYC area. Your fiancee, then wife, will not be a conditional permanent resident until 18 months after your filing for her AOS after your wedding. Not counting our timeline, full residency for her won't be obtained until the year 2007. If you marry in 2002 and file for AOS, she will have her interview in 2004 and then conditions can be applied to be removed in the year 2006. If Vermont doesn't move its arse, it will be 2007 before that occurs.

I don't know the answer to financial aid as that there are rules for state and federal grants which are freebies. But usually the university and/or colleges want to see residency status and that she won't have for a while. Then again, every educational institute is different so it would pay to call and ask them directly. She should be able to get lower interest rate student loans to cover some of the financial burden.

Quote:
Originally posted by John
I posted a question yesterday and realized that I didn't pose my question in
a thorough manner.

Are you able to apply for financial aid once you arrive in the US and marry,
apply to adjust status and are in the "conditional permanent residence"
status? Or do you have to wait
the 2+ years for the "conditional " status to be removed when you get your
green card?

My fiance has attended three years of University in her country so I am
trying to discern at what point she would be eligible for financial aid so
that she can get her degree in the US.

Or if anyone else has any other options or information for a similar
situation where the person doesn't have the money to go to school and would
need to borrow.

Thank you,

John
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Old Nov 17th 2002, 9:41 pm   #4
John
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Default Re: K1 and student loans/financial aid for college

the K1 faq websitesite http://www.k1faq.com/index.html#5.1 states:

7.1)...Please explain "Conditional Permanent Residency"?
A..A two year Conditional Residency is granted to those who apply for
Adjustment of Status based on marriage to a US Citizen. This two year period
helps to deter visa fraud and marriages of convenience. During the
"conditional" period, you still have all the rights of a Permanent Resident.
Your status as a permanent resident expires at the end of this two year
period unless you file for lifting of the conditional status.


this states that you get conditional residency for the two years after you
file for AOS and that you have all the rights of a permanent resident ie
applying for financial aid.

has this rule been changed or am I missing something?

Rete wrote in message
news:563448.1037556657@britishexpats.com...
    > Your other post said you are in the NYC area. Your fiancee, then wife,
    > will not be a conditional permanent resident until 18 months after your
    > filing for her AOS after your wedding. Not counting our timeline, full
    > residency for her won't be obtained until the year 2007. If you marry
    > in 2002 and file for AOS, she will have her interview in 2004 and then
    > conditions can be applied to be removed in the year 2006. If Vermont
    > doesn't move its arse, it will be 2007 before that occurs.
    > I don't know the answer to financial aid as that there are rules for
    > state and federal grants which are freebies. But usually the university
    > and/or colleges want to see residency status and that she won't have for
    > a while. Then again, every educational institute is different so it
    > would pay to call and ask them directly. She should be able to get
    > lower interest rate student loans to cover some of the financial burden.
    > Originally posted by John
    > > I posted a question yesterday and realized that I didn't pose my
    > > question in
    > > a thorough manner.
    > >
    > > Are you able to apply for financial aid once you arrive in the US
    > > and marry,
    > > apply to adjust status and are in the "conditional permanent
    > > residence"
    > > status? Or do you have to wait
    > > the 2+ years for the "conditional " status to be removed when you
    > > get your
    > > green card?
    > >
    > > My fiance has attended three years of University in her
    > > country so I am
    > > trying to discern at what point she would be eligible for
    > > financial aid so
    > > that she can get her degree in the US.
    > >
    > > Or if anyone else has any other options or information for a similar
    > > situation where the person doesn't have the money to go to school
    > > and would
    > > need to borrow.
    > >
    > > Thank you,
    > >
    > John
    > --
    > Posted via http://britishexpats.com
 
Old Nov 17th 2002, 11:31 pm   #5
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Default Re: K1 and student loans/financial aid for college

Yes you are.

If the interview for AOS occurs prior to your second wedding anniversary you are a conditional permanent resident if approved. 90 days before the expiration of the 2 year green card, you apply for removal of the conditions at the service center for your area via form I-751. After approval of the I-751 you are then a permanent resident and your green card is for ten years and you have to file for a new one each ten year period.

If the interview for AOS occurs AFTER your second wedding anniversary you are a permanent resident and your green card is good for ten years.

YOUR STATUS WHILE WAITING FOR YOUR AOS INTERVIEW IS "PENDING" ONLY. The only proof you have of being pending is either an EAD if one is applied for or the cash register receipt you will get from the INS office upon their receipt of your application.

You are looking at the definition of what is a conditional permanent resident not at what you are prior to the AOS interview.

The timeline I outlined for you in my original response is on the money unless NYC INS picks up speed which ain't likely in my lifetime.

For example, we married Sept 26, 1998, Jim filed in NYC on Oct 2, 1998, he interviewed June 13, 2000, approval placed on hold until original file was returned from storage in Missouri, AOS finally approved Aug. 11, 2000, removal of conditions applied for May 18, 2002, Vermont is taking 360-365 days for approval without an interview, longer if they feel an interview is warranted and the application is sent to NYC for further processing. He is eligible to file for naturalization in May, 2003. Naturalization will take a year or more as well. So we are looking at finalization of everything with NYC INS or INS period in the year 2005.

Rete


Quote:
Originally posted by John
the K1 faq websitesite http://www.k1faq.com/index.html#5.1 states:

7.1)...Please explain "Conditional Permanent Residency"?
A..A two year Conditional Residency is granted to those who apply for
Adjustment of Status based on marriage to a US Citizen. This two year period
helps to deter visa fraud and marriages of convenience. During the
"conditional" period, you still have all the rights of a Permanent Resident.
Your status as a permanent resident expires at the end of this two year
period unless you file for lifting of the conditional status.


this states that you get conditional residency for the two years after you
file for AOS and that you have all the rights of a permanent resident ie
applying for financial aid.

has this rule been changed or am I missing something?

Rete wrote in message
news:563448.1037556657@britishexpats.com...
    > Your other post said you are in the NYC area. Your fiancee, then wife,
    > will not be a conditional permanent resident until 18 months after your
    > filing for her AOS after your wedding. Not counting our timeline, full
    > residency for her won't be obtained until the year 2007. If you marry
    > in 2002 and file for AOS, she will have her interview in 2004 and then
    > conditions can be applied to be removed in the year 2006. If Vermont
    > doesn't move its arse, it will be 2007 before that occurs.
    > I don't know the answer to financial aid as that there are rules for
    > state and federal grants which are freebies. But usually the university
    > and/or colleges want to see residency status and that she won't have for
    > a while. Then again, every educational institute is different so it
    > would pay to call and ask them directly. She should be able to get
    > lower interest rate student loans to cover some of the financial burden.
    > Originally posted by John
    > > I posted a question yesterday and realized that I didn't pose my
    > > question in
    > > a thorough manner.
    > >
    > > Are you able to apply for financial aid once you arrive in the US
    > > and marry,
    > > apply to adjust status and are in the "conditional permanent
    > > residence"
    > > status? Or do you have to wait
    > > the 2+ years for the "conditional " status to be removed when you
    > > get your
    > > green card?
    > >
    > > My fiance has attended three years of University in her
    > > country so I am
    > > trying to discern at what point she would be eligible for
    > > financial aid so
    > > that she can get her degree in the US.
    > >
    > > Or if anyone else has any other options or information for a similar
    > > situation where the person doesn't have the money to go to school
    > > and would
    > > need to borrow.
    > >
    > > Thank you,
    > >
    > John
    > --
    > Posted via http://britishexpats.com
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Old Nov 18th 2002, 5:53 am   #6
Mrs_blackross
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Default Re: K1 and student loans/financial aid for college

"John" wrote in message
news:IWUB9.140029$gB.28040662@twister.nyc.rr.com...
    > the K1 faq websitesite http://www.k1faq.com/index.html#5.1 states:
    > 7.1)...Please explain "Conditional Permanent Residency"?
    > A..A two year Conditional Residency is granted to those who apply for
    > Adjustment of Status based on marriage to a US Citizen. This two year
period
    > helps to deter visa fraud and marriages of convenience. During the
    > "conditional" period, you still have all the rights of a Permanent
Resident.
    > Your status as a permanent resident expires at the end of this two year
    > period unless you file for lifting of the conditional status.
    > this states that you get conditional residency for the two years after you
    > file for AOS and that you have all the rights of a permanent resident ie
    > applying for financial aid.
    > has this rule been changed or am I missing something?


No, it does not state you get conditional for the two years after *filing*
for AOS, it's for the two years after being *granted* AOS.
You get conditional status if your adjustment of status interview is held
and approved before your second wedding anniversary. If it is after the
second wedding anniversary, you get to skip the conditional and get a full
10 year card, where the card itself expires in 10 years but not the status.
It is possible in some INS jurisdictions to be married for 1 year, 364 days
on the day of your AOS interview and receive a 2 year conditional card,
since INS sometimes does take a long time to process paperwork. At the same
time, (at least if you live in Detroit) it is possible to arrive on a K1 on
Friday, get married on Saturday and walk into INS on Monday and get
"instant AOS" and the conditional card right away; in which case she *would*
have the conditional status for two years after filing, since filing and
approval are same day at that office.
Snce you live in NY though, based on Rete's estimate, your wife probably
will not even have her conditional card for about 18 months after filing for
AOS.
 
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