Establishing Residency in US: NOT for in-state tuition purposes [US citizen currently living outside the US]

My child grew up overseas but she and I are both US citizens. I grew up in New York State and still have my NY State license, voter registration, etc., but have not lived permanently in the US for many years. We do not own any property in the US.

When she arrives in the US as a college student, how can she set up residency? She will likely end up in Massachusetts. This is not for in-state tuition purposes, but for banking, voting, health insurance, etc.

Does anyone have experience with this issue? Thank you.

https://framinghamma.gov/223/Declaring-Residency

Not really an “issue” but a part of life. Basically like you said - get a bank account, register to vote, get a license or state ID. Plus find a place to live so there is a permanent address in the state. From my experience in a different state, it may be helpful to have one utility in the name and address. I needed that as one item for my driver’s license. (I’m not sure what the other options were, but the utility was the easiest at the time.)

Here’s what the state of Massachusetts says is required for residency:

https://www.mass.gov/technical-information-release/tir-95-7-change-in-the-definition-of-resident-for-massachusetts-income-tax-purposes#:~:text=Not%20only%20must%20a%20person,in%20Massachusetts%20for%20whatever%20reason.

Besides establishing permanent domicile and spending at least 183 days in the state, one must also file and pay MA state taxes on any income.

Are people who are not US citizens allowed to vote?

How to obtain a MA driver’s license

US citizens must provide their SSN and show documentation of MA residency through one of the following

  • A utility bill in your name to your Massachusetts residence
  • A current lease/mortgage or rental contract in your name to your Massachusetts residence
  • A current pay statement to you referencing your Massachusetts residence
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The OP and student are US citizens currently living outside the US, so any issues specific to not being US citizens do not apply to them.

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Ah, that’s right. Mixed it up with another thread about an international wanting to apply to grad schools

Thank you for sharing this. My child does not necessarily need to be a resident for " state income tax purposes" which is not really an issue we are concerned about. The document you shared said that living 183 days in the state is not enough to be considered a resident if a person lives in a college dorm with shared bathrooms. I hope my child can be considered a resident for other purposes, such as voting.

Thanks again!

My son was in this position, when he moved from Japan to Ohio for college. We set up an account for him with a local bank, and he was able to register to vote with his college address. While he was in the US, he relied on the health insurance policy offered/required by the school. When he took a campus job, the school withheld state and federal income taxes. There weren’t any real issues. Trying to establish residence for in-state tuition purposes would be a bigger hurdle.

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You do not need to be a resident to be able to vote in a federal election.

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I found this document about voter registration which explains that “residency” has different meanings in different contexts. So a person might meet the criteria to be a state resident for voting, but not for income taxes. It would be great to be able to vote in state and local elections as well as federal elections.

Thanks for the information. Was your son able to get a state ID issued by the state of Ohio?

That’s absolutely right. I last lived in the US more than 20 years ago, and I’ve been voting based on my last US address (in California) since then. They send the ballot to my address overseas - I’ve just received my primary ballot here in France. My daughter, who has never lived in the US, is also able to vote in California based on my prior residency there. My son now lives in Europe, but he’ll be able to vote in Ohio based on his prior residency there. Application for the ballot is done using something called the Federal Post Card Application (FCPA). Most people overseas don’t vote in the state and local elections because it can provide a basis for the state’s claiming tax residency when that’s not something you want.

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She would like to get a license or non driver ID but will not have any of those required documents. At least not initially. I wonder if they would accept a letter from the school saying she “resides” there, instead of a lease or rental contract.

No, I don’t think he applied for anything like that. He used his student ID for most purposes.

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The website for U. Mass. Amherst indicates that “Many students get letters from their schools listing their student address for such purposes.” The purpose being registration to vote. Our experience was that the schools and student organizations do everything they can to encourage students to vote. I recall that there was booth for this purpose on move-in day at my son’s school. Where there’s a will, there’s a way!

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They are U.S. citizens living abroad.

Actually, you do need to be a resident of the domicile where you plan to vote. But all U.S. residents, regardless of where they live, DO have the right to vote. Those living abroad can do so as well.

My DD was in the Peace Corps and all she had to do was request an absentee ballot, and she got one. And sent it back.

So to establish residency for voting purposes, in many cases, you get the drivers license in that state, and can register to vote at the same time (CT allows this…don’t know about Massachusetts).

For health insurance, can she purchase the college plan?

If the student attends college in Mass., their US address will be the college. They can sign up for whatever they need using the school address as their address. At least, as far as I am aware. I’m sure colleges are used to this and will provide the appropriate residential documentation as proof of address.

This is not quite right. You need to be a citizen and you need to be “eligible” to vote in some state, but citizens like my daughter, who has never been a resident of any state, are able to vote. In her case, she is eligible to vote in California based on my having been registered to vote there more than 20 years ago (I am also eligible to vote there based on my prior residency). The rules can be a little arcane, but for anyone living overseas who has questions, the local US Embassy can help.

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