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Filed: K-1 Visa Country: Philippines
Timeline

We arrived in the USA last few weeks ago (K-1 and K-2). We intend to file for AOS soon. I have 4 kids with me. Would it be possible if we file for AOS -- for me only, for now, considering that it takes a lot of money to pay for AOS for all of us. However, we intend to file AOS for all the kids after 3 or 4 months, at least before school opens they have filed for AOS already. In this way, we could expect to get my work permit done ahead too. Do schools (Grade and High school) accept foreign students with out approved Green Card yet ?

Would our plan be possible or acceptable ? Hope to hear good remarks / experiences with other VJs who have done AOS or at least have useful knowledge related to this. Would appreciate any comments and insights. Thank you !

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Filed: K-1 Visa Country: Philippines
Timeline

We arrived in the USA last few weeks ago (K-1 and K-2). We intend to file for AOS soon. I have 4 kids with me. Would it be possible if we file for AOS -- for me only, for now, considering that it takes a lot of money to pay for AOS for all of us. However, we intend to file AOS for all the kids after 3 or 4 months, at least before school opens they have filed for AOS already. In this way, we could expect to get my work permit done ahead too. Do schools (Grade and High school) accept foreign students with out approved Green Card yet ?

Would our plan be possible or acceptable ? Hope to hear good remarks / experiences with other VJs who have done AOS or at least have useful knowledge related to this. Would appreciate any comments and insights. Thank you !

Congratulations for your safe journey to the US. I have just completed the biometrics portion of the AOS for my K1 and her three K-2s. The school will accept the kids for they are dependents of a tax paying citizen within your community. We filed the AOS 5 months after their arrival. Two more months and they will most likely be green card holders. It is expensive, but if you file for the kids who are under 14 years of age you get a 30% discount when filed at the same time as the K-1. Don't let anybody scare you about filing late. Your chances of running into ICE is slim to none. Get the paperwork ready while you save for the mailing. Use the guides that are provided for AOS. Good Luck in the rest of your journey!!


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Filed: K-1 Visa Country: Vietnam
Timeline

We arrived in the USA last few weeks ago (K-1 and K-2). We intend to file for AOS soon. I have 4 kids with me. Would it be possible if we file for AOS -- for me only, for now, considering that it takes a lot of money to pay for AOS for all of us. However, we intend to file AOS for all the kids after 3 or 4 months, at least before school opens they have filed for AOS already. In this way, we could expect to get my work permit done ahead too. Do schools (Grade and High school) accept foreign students with out approved Green Card yet ?

Would our plan be possible or acceptable ? Hope to hear good remarks / experiences with other VJs who have done AOS or at least have useful knowledge related to this. Would appreciate any comments and insights. Thank you !

Most states do not require proof of lawful presence to attend primary (grade school) or secondary (high school) public school. This is because most states require all children in the state to attend these schools unless they've been excused to attend a private school or to be home schooled. It would be rather awkward if they told those children they were required by law to attend school, and then told them that they couldn't legally attend because they weren't lawfully present, and then had to penalize them for being truant. In other words, they'd be guilty of breaking a law that they were legally prevented from complying with.

Most school districts will require proof of residence in the district before they'll admit a child, but that just means proving you actually live in the school district. Utility bills with an address in the district are usually acceptable for this.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Timeline

Most states do not require proof of lawful presence to attend primary (grade school) or secondary (high school) public school. This is because most states require all children in the state to attend these schools unless they've been excused to attend a private school or to be home schooled. It would be rather awkward if they told those children they were required by law to attend school, and then told them that they couldn't legally attend because they weren't lawfully present, and then had to penalize them for being truant. In other words, they'd be guilty of breaking a law that they were legally prevented from complying with.

Most school districts will require proof of residence in the district before they'll admit a child, but that just means proving you actually live in the school district. Utility bills with an address in the district are usually acceptable for this.

Actually, U.S. states are not permitted to deny educational services to school-age children based on unlawful status. Plyler v. Doe.

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