Wife moving from H4 to F1, how to establish she is a state resident?

[afsalva]

Right now I have H1 and my wife is in H4. We are staying in WI for the past 4 years(We pay tax in WI). This year my wife is planning to join UW M********** for her masters. She is planning to be in H4 for at-least 2 semesters for availing the in-state tuition fee and then move to F1 so that she get the OPT to work full time after her studies. But her university has a requirement to be in F1 for at-least one year to be eligible for OPT. So she may have to move to F1 even before completing 2 semesters as shw is planning to complete masters in 3 semesters. University's immigration team is saying once she move to F1 she needs to pay the international fee (more than double of in-state fee) as she is not going to be a resident any more. I somehow know that we can establish she as resident for the tax purpose (but dont know how). 

My question how i can establish my wife as resident even after she moves to F1 so that we can still be eligible for in-state tuition fee.

[jairichi]

Right now I have H1 and my wife is in H4. We are staying in WI for the past 4 years(We pay tax in WI). This year my wife is planning to join UW M********** for her masters. She is planning to be in H4 for at-least 2 semesters for availing the in-state tuition fee and then move to F1 so that she get the OPT to work full time after her studies. But her university has a requirement to be in F1 for at-least one year to be eligible for OPT. So she may have to move to F1 even before completing 2 semesters as shw is planning to complete masters in 3 semesters. University's immigration team is saying once she move to F1 she needs to pay the international fee (more than double of in-state fee) as she is not going to be a resident any more. I somehow know that we can establish she as resident for the tax purpose (but dont know how). 

My question how i can establish my wife as resident even after she moves to F1 so that we can still be eligible for in-state tuition fee.

University is right. Once your wife gets a COS from H4 to F1 she has to pay international student fee.

[JoeF]

My question how i can establish my wife as resident even after she moves to F1 so that we can still be eligible for in-state tuition fee.

Not possible. One of the rules of the F1 is that the person has a residence abroad. That means the person can not have a residence in the US.

On F1, she has to pay the non-resident tuition.

[afsalva]

But for tax purpose (to make my wife in F1 as dependent) there is some form to make her a resident right?

[afsalva]

I was talking about this (related discussion in tax return context)

 

http://community.lawyers.com/forums/t/125152.aspx

[livliv]

She can choose to be a resident for tax purposes by simply attaching a letter with the return. But as for tuition, she will have to pay out-of-state.

[Chiranth]

I think the best thing for her to do is to look for an on-campus Research Assistant (RA) or Teaching Assistant (TA) job. A colleague advised me to do this when I was having problems with employment and it worked out really well. You can usually get reduced tuition fees in return for your work as well as getting paid for the part-time role. Plus, the work experience is invaluable while looking for a position after graduation.

[catx]

I think the best thing for her to do is to look for an on-campus Research Assistant (RA) or Teaching Assistant (TA) job. A colleague advised me to do this when I was having problems with employment and it worked out really well. You can usually get reduced tuition fees in return for your work as well as getting paid for the part-time role. Plus, the work experience is invaluable while looking for a position after graduation.

 

This is good advise.  My son started his Masters degree (in environmental science) is fall and is on a F-1 visa.  The university and degree program he choose provides him with a research assistantship (RA) working 20 hours a week when school is in session and 40 hours a week in the summer and Christmas break on various departmental tasks and his thesis research, and provides an in-state tuition waiver (i.e. all out-of-state and international students get in-state tuition regardless of their residency or type of visa).  For the research assistantship he has to be on a F-1 visa.

[JoeF]

This is good advise.  My son started his Masters degree (in environmental science) is fall and is on a F-1 visa.  The university and degree program he choose provides him with a research assistantship (RA) working 20 hours a week when school is in session and 40 hours a week in the summer and Christmas break on various departmental tasks and his thesis research, and provides an in-state tuition waiver (i.e. all out-of-state and international students get in-state tuition regardless of their residency or type of visa).  For the research assistantship he has to be on a F-1 visa.

BTW, this is standard stuff for pretty much all foreign PhD students. They get RAs to work on their research, and that includes a tuition waiver (usually paid out of the research grants.)