Some states have a clause for the kid and parent - 2 years prior to attending the school must be in-state; I guess some tried to move on senior year, so the rule is start of Jr year.

I think since you will be establishing a new home residence in the new state, kid #1 could use that new state for in-state residence (since you'll be getting a driver's license, changing voter reg, paying taxes for a year). Kid #1 will probably also be considered for in-state VA too because they'll still be in the old family home, and old VA public school. You can make a good enough case to be both states.

Divorced parents do this all the time.

It varies a lot by the university. We knew a divorced couple where Mom lived in MD and Dad in VA. Kids qualified for in-state in VA, but not in MD.

Anonymous wrote:I have been offered a job in another state and will be moving with one kid but spouse will stay back for our other kid to finish high school in VA. I would be establishing residency in the new state. Would the kid moving with me qualify for in-state in VA if we maintain keep our house and the second parent keeps the VA job? Is it more beneficial to file taxes jointly or separately?

This happened to my friend. The kid who moved was not considered in-state; the kid who stayed went to W&M in-state.

Anonymous wrote:I think colleges consider the state where student graduated hs for in-state tuition

I don't think so. My kid goes to private school in DC. He'll qualify for instate tuition in MD because that's where he lives.

This is governed by state law, and in Virginia each school makes its own decision. So it’s possible that one or both of your kids could wind up with no state. Read the rules for both states closely.

I think colleges consider the state where student graduated hs for in-state tuition

I have been offered a job in another state and will be moving with one kid but spouse will stay back for our other kid to finish high school in VA. I would be establishing residency in the new state. Would the kid moving with me qualify for in-state in VA if we maintain keep our house and the second parent keeps the VA job? Is it more beneficial to file taxes jointly or separately?