Hello! I am a married 28 year old graduate student at UC Berkeley and am on a conditional green card. Me and my spouse moved to California in July 2019, and I got accepted to Berkeley for Fall 2020. I submitted all necessary documents for proving my residence situation in CA which includes : CA state ID, signed lease documents, joint tax returns, and every bank records in CA, flight records, doctor’s appointments which reflect my life in CA. One caveat is that I was unemployed when I moved to CA so I don’t have any paystubs here. UCB informed me that they can’t accept any joint bank statements with my spouse, but the problem is that it is encouraged to have joint bank accounts for someone on conditional green card, which is later needed to apply for removing conditions on my green card. Which is why we never really worried about separating our finances. The residence office determined me as a non-resident and obviously I was left to carry the financial burden of out-of-state tuition. Is there anything that can help me with managing this scenario for Spring semester’s residency situation? I find this very unreasonable that they can’t accept my joint bank statements which are with my spouse, and I have submitted every other necessary legal documents. If anyone has any helpful suggestions, please comment and let me know. I am pretty much at my wit’s end, and don’t want to pay extra tuition fees again, especially since I am living in California.
It’s not just about living in or residing in California, it’s about paying taxes. If you came to California July 2019, as an unemployed person, that means you were supposed to have started working, full time, in July 2019 and showing a minimum of one year of paid taxes on a full time salary. One year of full-time employment would’ve taken you to July 2020.
If you didn’t have one year, of full-time employment, before applying to Berkeley and getting your residency determination date, as noted by your California 540 form, then you’re not considered a state resident for instate purposes. You will be paying full fees. Green card status doesn’t matter- that’s a federal issue. You applied too early to Berkeley as a non-resident of California. You needed a year of full-time employment as a non-student paying California taxes.
When you were unemployed, that signaled that you may have come to California for educational purposes. People who come to California for educational purposes pay out-of-state tuition for the remainder of their education. The State cannot afford to fund students that come here to go to school. Yes, you are a resident now, but that doesn’t matter because you applied too early to attend Berkeley.
If you are attending Berkeley it’s based on your history, not your spouse. These are public universities that use state taxpayer fees to pay for the education of state residents. There are people that have been paying 20 years or more in state taxes for their children to afford to attend state schools.
The state has to do this because everyone wants to come to the schools and pay in-state fees. It drains the public funds that in-state taxpayers have been paying for years. Where do they get the money from?
I am not sure why you misunderstood this but let me clarify - I have filed taxes in California in early 2020, since we moved in July 2019, and of course, as required, filed our taxes in California. Whether or not I was employed only became relevant since the office asked if I had paystubs to prove physical presence.
I would really appreciate if you kept the feedback constructive. I fulfill every requirement stated by the office and my tax documents are not part of the problem, and I have confirmed this with the office as well. My problem is about the refusal to accept my joint bank statements, which is what I used mostly for since relocating to CA.
I also have to point out if anyone else is looking at this post for information : the terms stated by the UC administration is to prove physical presence for one year before the beginning of academic term (Fall/Spring) and by the time of beginning of Fall semester, I have been a resident of CA for a little over 1 year. Yes, you have to keep submitting documents up to Fall to show that you have been living here for a year, prior to start of the semester.
Everything is based on the state’s requirements, so I am not talking without facts. California used to require two years of residency.
https://www.ucop.edu/residency/residency-requirements.html
If you can’t afford the fees, you can apply to CSU’s or privates for lower costs.
I’ve been a California resident working for all of my life. I worked with students at the high school and local colleges and relatives who wanted instate tuition.
i am sure there’s an appeal process which is worth a shot.
From your summary, it looks like you moved here to to go to school rather than establish yourself as a long term resident who subsequently decided to study. I’d be surprised if the appeal is effective but, again, worth a shot.
I would write out a timeline and supply as much supporting evidence as you can for each item they want. Even if you’ve already supplied the evidence, put it in the package so it is all in order.
- Moved to California on July __, 2019 for spouse's job @ ABC company. Evidence: plane ticket, signed lease, letter of employment.
- Proof of employment: Husband's pay stubs, our joint tax returns for IRS and California. State why you weren't employed (hunting for job, stay home to take care of child?). State what you did instead (doctor's appt)
- Proof of living in Cal: lease, ID card,
- Proof of marriage: Marriage license, green card, even a photo
List whatever they require in the order they require and how you are filling that requirement. If you don’t have the document they want, show how you are supporting that required item…
I don’t understand how a joint bank account shows anything. When I lived in California, I did not have a bank account at a California or national bank. I continued to use the account I’d always used in another bank and my paycheck, which was issued from Louisiana, was directed deposited into my Colorado bank. I did pay my California landlord with checks, but I could have submitted copies of the lease and the cancelled checks, not the bank statements would would not show anything. People don’t need to be married to have a joint account.
Spell it all out. Attached the proof. Lead them down the road to understanding that you did move to California for non-educational purposes, that your husband works and supports you, that you qualify.
I appreciate your feedback. This is what my document arrangement looks like right now anyway!
The problem is that California requires 366 days of residency (receipts from rent, daily living, etc) for each student BEFORE they can apply to a California public to meet the residency determination date (RDD). For Berkeley (on the semester system), the date for determination in Fall 2020 was August 26, 2020.
Because the student appears to have applied before July 2020, the required 366 days of presence and intent had not been established yet.
If a student doesn’t wait the year, before applying, then the school assumes that the student came for educational purposes and the universities have to charge OOS. This is not just for this student, but for all students (members of the military have more options). The university doesn’t have a choice and has to comply with the University of California rules for all of its universities.
Since this student has already been enrolled at Berkeley, and paid OOS fees, it is assumed that the student didn’t wait for the establishment of physical presence. Any application submitted to any public university, prior to July 2020, means he/she didn’t wait to "establish the full year of residency as determined by the university.
Yes, he/she currently resides in California with proof of living in California since July 2019, but the date of the application to Berkeley is what generated OOS fees.
If this student had waited to apply until after July 2020 (for admission in January 2021), there would not have been any issue with OOS fees.
For Fall 2021, the student will have proof of residency and should be getting instate rates. Spring 2021 is the issue.
There is a deadline for appeals and they don’t accept late appeals.
Since I am seeing your lengthy response, I have to mention your explanations do not align with the many detailed information I have received from the University administration. However, I won’t further this discussion anymore as you are not a fellow student seeking information.
The college determined that you’re a non-resident and they won’t accept your joint bank statements. If they gave you “detailed information” about how to prove your residency why are you asking us for help?
At many US colleges students who are determined to be non-residents when they start are non-residents for as long as they attend. California is probably the most difficult state to get residency. But if they gave you detailed information about how to make that happen that’s great. Follow their instructions and don’t miss deadlines.