In state tuition for spouse of resident

[needadvice1234]

Hi,

 

Currently i am on F1 OPT and a resident of Oklahoma. I have paid federal and Oklahoma state tax for 2015. My wife has secured admission in UT Dallas. Is there any way in which she can be eligible for in state tuition?

[rahul412]

Hi,

 

Currently i am on F1 OPT and a resident of Oklahoma. I have paid federal and Oklahoma state tax for 2015. My wife has secured admission in UT Dallas. Is there any way in which she can be eligible for in state tuition?

You need to contact school registrar office. I don't think she is eligible.

[JoeF]

On F1, you can not establish residency in any state, even if you pay resident taxes. IRS and USCIS are 2 different things.

As per the immigration law, on F1, you have to have a residence abroad that you have no intention to abandon.

See INA 101(a)(15)(F).

Since you are required to have a residence abroad, you can not be a resident in the US for immigration purposes.

And neither can a dependent.

[needadvice1234]

Hi Rahul & JoeF,

 

Thank you for your responses. So is there a visa category which would make me a resident and hence allow her to get in- state tuition?

[rahul412]

Hi Rahul & JoeF,

 

Thank you for your responses. So is there a visa category which would make me a resident and hence allow her to get in- state tuition?

No, no option. If she gets scholarship then she might eligible for in state( that happened in my case).

[JoeF]

Hi Rahul & JoeF,

 

Thank you for your responses. So is there a visa category which would make me a resident and hence allow her to get in- state tuition?

 

The H1 and H4 allow to establish residency in the US, for example.

Usually, a person has to be in a status that allows to establish residency for a year and living in the state to qualify for in-state tuition.

Take a look at http://www.utdallas.edu/registrar/residency/faq/

Under "I am an international student. How can I establish residency?" You find information, and a link to another site, college for all Texans, which has a PDF about Visa Types for Establishing Domicile in the US.