Is it an acceptable solution ?

[happycaro 0]

Hi everybody !

I have just joined this helpful website... and will start the k1 visa process very soon.

From the processing time statistics, I will get the k1 visa before end of october.

My daughter is declared on the k1 visa as k2 and is living now in France with me. She needs to attend highschool in August in the US. My question is : could she use the "visit visa" for the school term while waiting the k1 visa obtention ? is it an acceptable and legal way regarding to the law ?

Has anybody ever have the same issue to face with ?

Thank for your help.

[rebeccajo 14]

Hmmm. Well I kind of doubt that would work. For one thing she is going to need to go to the interview with you in France. She is also going to need a medical over there. So in other words she must be in her home country (just like you) for at least the final stages of the visa process.

Also as a USC I've got a son in the American school system and I really doubt school administrators would let her register over here. If she is just here temporarily on the VWP, she won't have any 'papers' she could provide to them - at the very least I think she would need the K-2 visa in her passport for them to allow her to register for school in the US.

Unfortunately, if your visas are not approved and you are not living permanently in the US by August, she will probably have to register 'mid-term' once you all get here.

I know it's got to be tougher getting over here with kids. But I bet when you are here, the American students will welcome her plus enjoy her beautiful accent!

Edited May 13, 2006 by rebeccajo

[pnd629 0]

Also as a USC I've got a son in the American school system and I really doubt school administrators would let her register over here. If she is just here temporarily on the VWP, she won't have any 'papers' she could provide to them - at the very least I think she would need the K-2 visa in her passport for them to allow her to register for school in the US.

I don't think schools can ask for immigration papers. My school never does. I have taught many students who did not have "papers" to be in the U.S. The school district I work for only requires proof of address--like a telephone or electric bill, a birth certificate and immunization records.

But I agree with the previous post--your daughter will need to enter school mid-term, when you both have your visas.

[desert_fox 32]

A VWP visit would only be good for 90 day max, and is not used to go to school. They have visas for that.

She would never be given a B2 visitors as she already has immigrant intent.

A K2 cannot enter before the K1, so that wouldnt work.

So.....your plan cant work.

Nothing wrong in transferring while school is in session...may take a few days to adjust.

[motu 5]

OK this is a little different, And may or may not fit your situation. My nephew entered USA as a student (on a student visa) while his immigration (family based) was still in the works. He joined a school in Florida and when the interview came up he was able to have his interview in Florida itself. (I am saying school but of course mean that he was in college as opposed to middle or high school.)

So, maybe she can come here on a student visa at the beginning of a semester and then await the interview/adjustment etc. Might be worth asking a lawyer. There's a website 'askalawyer.com' I think that deals mostly with immigration issues. Good Luck