<p>I think that the point that cptofthehouse is trying to make (and I agree) is that there are 2 separate issues at hand; admissions and financial aid.</p>
<p>Student will be evaluated in the OOS pool of candidates at the time of admissions because she is not attending school in state (it is not like she is away attending boarding school, she is living out of the country with dad). Since since many schools, have a cap on the 18% of OOS students that they can admit (for example NC can admit no more than 18%), OP’s daughter would have to be an extremely competitive applicant to gain admissions as an OOS student at UVA and some of the other VA public schools.</p>
<p>If mom moves here in 2013 and student remains where she is with dad in order to finish school, she will be considered an OOS resident for admissions purposes, because the student is not physically in state and does not attend school in state. </p>
<p>For example UVA states </p>
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<p>While the first part reads that the parent or the student must be domiciled in VA, the second part reads that student and parent(s), must reside in VA.</p>
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<p>This would not be the case for the OP, because student would be residing with father, mom would not meet the IRS requirements for claiming the student as a dependent on taxes, even though she will have been here a year before student enrolls in school. If student is living with dad, mom is not providing substantial financial support.</p>
<p>Since OP will be here while D and spouse are out of the country, they would be considered separated on the FAFSA, and the spouse would be considered the custodial parent (even though they are married, they are not physically living together.</p>
<p>Are you sure that the parents would be considered separated on the FAFSA? We know several families where the father lives OOS and the kids reside with the mother alone most of the time. The fathers are residents of one state for tax purposes and the mothers another. In all cases both parents’ incomes and assets were listed on the FAFSA and profile.</p>
<p>What I have seen operationally, is that most state schools are very generous about giving in state status to children when when that child has resided and gone to school in one state with a custodial parent and then decides to go to school where the other parent is a state resident but not the custodial one. Whether it fits the rules or not, all of the real life situations I have known have managed to work that one out.</p>
<p>However, to have someone come from out of the country and set up residency while that person’s child is going to school out of the country, and then have the child join that parent later…I don’t know. It seems to me in reading the UVA requirements that as long as a parent will be in state one year by the first day of class, that applicant will be put in the IN State Pool. It does endanger the university’s numbers, however, if such an applicant is accepted and for whatever reason, the parent does not fulfil the antiipated one year residency–things do happen and it is possible. UVA and like schools with OOS quotas lose state funding if their student ratios are not as designated by state law. </p>
<p>I do not know how strictly that school or any given school enforces their in state rules and how vigilantly they look for violations of it.</p>
<p>The challenge is going to be mom is coming to US June 2013. Student will be applying to college fall 2013. </p>
<p>D will not be attending HS in state or even in the US. </p>
<p>She will be living with dad in another country. </p>
<p>While she may be able to get in-state tuition, when she attends for the first day of class, however, for admissions, I think that she will be OOS, because she does not attend school in state and her mom has not met the requirements to be domiciled in VA.</p>
<p>"The applicant or his or her parent(s), spouse or legal guardian(s) must be domiciled in Virginia for at least twelve continuous months immediately preceding the first day of classes. " That says to me that if a parent has moved to VA in time to have the 12 months done by the first day of class, the app can be treated as an in state one. Otherwise the wording would say that the applicant or parent had to have been domiciled in VA for 12 cont. months immediately preceding the day the decision is being made for admisssions, or the day the application is mailed or some other date. By wording it to say it is 12 months preceding the first day of classes, if the parent can be in state by August 2013 then when the app is being reviewed the February prior to that, it means that an assumption has to be made for the next 6 months. </p>
<p>That’s the way I interpret this. Not that it matters. It’s how the school interprets it, and how carefully they check out these situations that will matter.</p>
<p>This phrasing seems to say that parent and child must be domiciled. It does not separate them as student or parent the way the first part of the statement does.</p>
<p>“To become eligible for in-state tuition, a dependent student or unemancipated minor shall establish by clear and convincing evidence that for a period of at least one year prior to the date of the alleged entitlement, the person through whom he claims eligibility was domiciled in Virginia and had abandoned any previous domicile, if such existed”</p>
<p>This is from the actual Code of Virginia. Again the first date of classes is given as the definition of “the date of the alleged entitlement”. </p>
<p>But language also makes it very clear that the parent has to have come to Virginia for the purpose of setting up domicile there, not solely to for getting residency requirements for educational purposes.</p>
<p>How stringently VA or any of its colleges investigates situations and enforces these rules is something only someone there can say, and that can change at any time.</p>
<p>There was a situation, I believe in GA, where an illegal student was caught via some traffic incident to be undocumented. She was an honor student at the local university, where she was getting in state tuiton. When that came to light, the college immediately decided to enforce the instate laws as written which would have made her OOS.</p>
<p>Mine was serious, genuine and permanent move back to Virginia. I was in Virginia for 15 years and my daughter studied here before moving out-of-country so Virginia is my choice. I asked this question to decide on timing of the move.</p>
<p>Thanks cptofthehouse, sybbie719, thumper1, happymomof1, mom2collegekids for your valuable advice…</p>
<p>Does your family own a home in your current country?</p>
<p>You mention that you’re buying a home in VA as well. </p>
<p>That’s TWO homes.</p>
<p>If so, then that second home will be an asset.</p>
<p>Are you sure that your EFC will only be fifteen to twenty thousand? It sounds like your income (H and W) will be high enough (with assets) to have a much higher EFC.</p>
<p>BTW…since you’re a US Citizen, too, weren’t you supposed to file taxes as well here? You may not have been expected to pay much/anything, but weren’t you supposed to file something?</p>
Q: If my parents are divorced or separated am I eligible for in-state educational privileges if one parent lives in Virginia?</p>
<p>A: An applicant whose parent(s) are divorced or separated may claim eligibility based upon the domicile status of the parent with whom he or she resides, upon the domicile of the parent who claims the applicant as a dependent for income tax purposes or the domicile of the parent who provides substantial financial support.
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<p>It is possible for the daughter to qualify as a dependent (the second condition listed here), but there are a few hoops to do so:</p>
<ol>
<li>parents must be divorced or considered separated</li>
<li>child receives majority of support from parents</li>
<li>child is in custody of one or both parents majority of the year</li>
<li>non-custodial parent gives consent.</li>
</ol>
<p>The last 3 are easy, it’s the first that is a kicker. Unless the parents are planning to divorce before filing the FAFSA, they would need to establish that they are separated, either through a legal separation (which may be difficult to do, since most states will only do so for residents of their own state), or by living apart (completely) the last 6 months of the year. If mom returns to the family home for Christmas or any other holiday after June 30, they don’t qualify. She would then file her tax return as head of household, claiming the daughter as her dependent. Of course, there are other tax consequences of doing this. And then there’s the consideration of whether the daughter really wants to attend school in Virginia in the first place. If not, there is zero benefit to returning to the US a year ahead of the rest of the family.</p>
<p>Op states that she is coming by herself and that daughter n husband will rain behind. Under these conditions , student would not be sharing a domicile with the parent who is a resident ( or applying for residency). While op may want her daughter to stay behind a finish at her old school, I think that there will be less kinks in the process if D came with mom and finished here.</p>