Step-daughter here, doesn't want to go home.

[aaron2020 11,651]

I was thinking more along the lines of legal presence when it comes to schools.

Birth certificates are ok of Us citizens but when it comes to foreign nationals they might have other requirements. WRONG. There is no law that requires additional things from foreign nationals. Where are you getting this? Making stuff up because you think things in life should be a certain way?

You might be able to home school her. That may be a way to comply with the law. WRONG. Enrolling her in public school is complying with the law.

School here starts on Thursday. I just called the board of education for our county and they said she can start with only her birth certificate and immunization records.

We have her birth certificate, but not her immunization records. We can contact the physician there to see if they can fax it, but I'm sure she will need some additional ones as well. Still may be doable

Absolutely doable.

Best of luck.

Don't listen to the naysayers.

Edited August 5, 2014 by aaron2020

[aaron2020 11,651]

Has the step daughter been formally adopted? That may or may not make a difference but it might be a game changer.

Adoption is not necessary. It changes nothing.

Furthermore, it ends the legal relationship between the child and her biological mother.

[TheCaptain 67]

Correct me if I am wrong, but from what I would think, unless there is a formal adoption of the child from the birth mother to the step mother she will not have any legal basis to petition the child, even as a USC. The father can petition but as a permanent resident there is the long delay in the allocation and processing of the petition and associated visa.

Edited August 5, 2014 by TheCaptain

[Hypnos 6,576]

You are wrong; stepparents can petition stepchildren provided the stepparent - stepchild relationship was created before the step-child turned 18 (i.e. the marriage of the parents took place before the child turned 18).

This is clearly stated in the I-130 instructions.

Edited August 5, 2014 by Hypnos

[aaron2020 11,651]

Correct me if I am wrong, but from what I would think, unless there is a formal adoption of the child from the birth mother to the step mother she will not have any legal basis to petition the child, even as a USC. The father can petition but as a permanent resident there is the long delay in the allocation and processing of the petition and associated visa.

You are wrong. A stepparent can petition a stepchild if the parents married before the stepchild's 18th birthday. Look at the I-130 instructions.

[LuvHaleiwa 1]

Thank you all for your help.

The information you provided is a tremendous help and has aided us in determining how we are going to handle things - it is invaluable.

Again, thanks so much!!

Kara

[2ndMessiah 184]

Posted Today, 12:47 AM

2ndMessiah, on 04 Aug 2014 - 4:00 PM, said:

I was thinking more along the lines of legal presence when it comes to schools.
Birth certificates are ok of Us citizens but when it comes to foreign nationals they might have other requirements. WRONG. There is no law that requires additional things from foreign nationals. Where are you getting this? Making stuff up because you think things in life should be a certain way?

You might be able to home school her. That may be a way to comply with the law. WRONG. Enrolling her in public school is complying with the law.

Sorry, after writing my post I did do a little a research (should have done it first) and I am glad to say I am wrong. Sorry for the mis-information.

[sweetswinks 400]

Posted Today, 12:47 AM

2ndMessiah, on 04 Aug 2014 - 4:00 PM, said:

Sorry, after writing my post I did do a little a research (should have done it first) and I am glad to say I am wrong. Sorry for the mis-information.

What is the correct information?

[aaron2020 11,651]

What is the correct information?

What I posted.

OP's stepdaughter can adjust from the VWP.

OP's stepdaughter can legally attend public grade school while she adjusts.

Edited August 7, 2014 by aaron2020

[LuvHaleiwa 1]

Just an update for anyone interested...

Her mother agreed and has decided to let her stay (yay).

We got her immunizations and school physical sorted (not sure we needed the physical, but got it anyhow).

I spoke to the school and we have an appointment to register her tomorrow morning at 8am - she will then start school immediately (couldn't get in today, it's election day and the school is a polling place so only election business going on today).

They have asked for custody papers - we don't have them. I got a signed letter from her mother saying she has allowed her to come here to live and go to school - hopefully that will be good enough. I was surprised by the request - since they are not the court system or law enforcement I didn't think they would be policing that. Hopefully the signed letter will be enough.

They have also asked for records from her previous school showing her grades and that at the end of the last school year she was "promoted" to 9th grade. I tried to explain to them that it doesn't work the same over there and that she would not have been promoted to 9th grade, but would be in year 10 over there had she returned. They don't understand and can't seem to fathom that another country doesn't do things exactly like we do. It's so frustrating. Plus, I believe in the UK all students get promoted - I don't think it's a pass or fail like it is here. Isn't that right?

Anyhow, UK is on school holidays at the moment so I can't get her records until they return in September - I hope this doesn't delay her education. I told them they could give her a placement test if they were unsure of where she should be, but they just said they don't do that.

I have printed off information from the school district website about Plyler v. Doe that states because of that case, they have to admit students regardless of immigration status - I want to be armed and prepared, just in case.

Thanks again for everyone that offered help and advice - it has proved very useful!

Kara

Edited August 7, 2014 by LuvHaleiwa

[Boiler 43,547]

Never assume the people you are dealing with know what they are doing.

[Harpa Timsah 13,258]

They just want to see her grades and see that she passed. You get grades, right? There is no verbiage on US report cards that say "you are promoted," but you can fail a whole school year and be held back.

[LuvHaleiwa 1]

They just want to see her grades and see that she passed. You get grades, right? There is no verbiage on US report cards that say "you are promoted," but you can fail a whole school year and be held back.

They don't do the letter grading like we do, they do checks and check plus and things like that. I suppose surely there will be a key that states what each stands for... Still, I can't get them until the 2nd week of September.

The final report card of the year (in the county we live in) does say if they are promoted and to what grade.

[Boiler 43,547]

They just want to see her grades and see that she passed. You get grades, right? There is no verbiage on US report cards that say "you are promoted," but you can fail a whole school year and be held back.

You got an end of year report, but not the same as in the US.

Certainly at that age you would not fail a year, things may have changed mind you.

[Harpa Timsah 13,258]

They don't do the letter grading like we do, they do checks and check plus and things like that. I suppose surely there will be a key that states what each stands for... Still, I can't get them until the 2nd week of September.

The final report card of the year (in the county we live in) does say if they are promoted and to what grade.

Okay, so check and check plus is fine, it means pass, I assume.

You will have to work with the school district; they will likely ask for things that don't exist and you will need to play interpreter. Get used to this for the immigration too. Good luck.