How is state residency determined?

UPDATED: Sep 29, 2022

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How is state residency determined?

I’m an F-1 visa student and am getting married to my boyfriend who is a US citizen. My question is about state residency determination after/if I get a green card. I have lived and gone to college in the same state on an F-1 visa for 2 years, but now I’m studying for a semester in another state. I plan to go back and be with my fiance at the end of this year, and, starting from the new year, continue my studies there. For state residency determination, do those 2 years that I’ve been on F-1 visa prior to this semester count as a “year and one day” requirement? We’re engaged but not yet married.

Asked on September 27, 2015 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

For what purpose are you asking about state residency?  YOu will file for immigration benefits only after you are married since you are not eligible prior to that.  Once you are married, whereever you are living is where you will file.

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