Sent here from Reddit. This is my post from r/legaladvice

[designguy 1,179]

1 minute ago, Bill & Katya said:

Is it legal for them to attend school in the US on a B2 visa?

You need explicit permission of USCIS to do so. If they are enrolled and start attending school prior to permission you risk jeopardizing your entire immigration case. Even though the school may not turn them down. They may not attend with their current status

[Fluxed88 1]

5 minutes ago, designguy said:

Did she get explicit permission from the father to move the children to the US. Even though she is the custodial parent is does not necessarily give her the rights to move the children without the other parents permission. Have you consulted a lawyer to be sure? There are huge repercussions IE possible kidnapping charges, if everything isn't done exactly by the book.

 

We see posts about situations where someone comes in on a tourist visa and a circumstance change and they marry, but has anyone ever posted something similar to a mother and 2 sons coming in on a tourist visa and then adjusting? Seems like it would raise some flags

Yes she has permission from her ex husband. Everything legally written out with proof

Edited August 27, 2019 by Fluxed88
Correction

[designguy 1,179]

1 minute ago, Fluxed88 said:

Yes she has permission from her ex husband. Everything legally written out with proof

Hmmm so you are saying she got permission from her husband to move her children to the US and then entered the US with non-immigrant intent and then changed her mind? Sorry Im confused. I don't think you have a DIY case here...

[Fluxed88 1]

4 minutes ago, designguy said:

You need explicit permission of USCIS to do so. If they are enrolled and start attending school prior to permission you risk jeopardizing your entire immigration case. Even though the school may not turn them down. They may not attend with their current status

Wow. Had no idea this was the case. The school let us register the kids with our lease and bank statement. I’m glad I said mentioned this here because that breaks my heart 

[Fluxed88 1]

2 minutes ago, designguy said:

Hmmm so you are saying she got permission from her husband to move her children to the US and then entered the US with non-immigrant intent and then changed her mind? Sorry Im confused. I don't think you have a DIY case here...

She got permission from her ex to do whatever she wanted with her boys. He’s a non issue.

[designguy 1,179]

1 minute ago, Fluxed88 said:

She got permission from her ex to do whatever she wanted with her boys. He’s a non issue.

Did she get a letter? Whats the date of the letter?

 

My point being if you have a letter dated prior to her arrival in the US its going to be a big problem

Edited August 27, 2019 by designguy

[Dashinka 23,211]

1 minute ago, Fluxed88 said:

Wow. Had no idea this was the case. The school let us register the kids with our lease and bank statement. I’m glad I said mentioned this here because that breaks my heart 

From what I have read, public schools cannot or do not ask for immigration status, but that does not mean it is legal for someone to attend school while only on a visitor visa (B2).  I believe they would have to change status to an F1 to do it legally.

[Fluxed88 1]

3 minutes ago, designguy said:

Did she get a letter? Whats the date of the letter?

 

My point being if you have a letter dated prior to her arrival in the US its going to be a big problem

She has her divorce papers from last year stating she has full custody control with the option to move out of country. 

 

He knows fhey they are here and staying and is fine with it. Even encourages it. 

Edited August 27, 2019 by Fluxed88

[Dashinka 23,211]

3 minutes ago, Fluxed88 said:

She got permission from her ex to do whatever she wanted with her boys. He’s a non issue.

I think you still need to research if the children can adjust status with her while in the US. 

[designguy 1,179]

Just now, Bill & Katya said:

I think you still need to research if the children can adjust status with her while in the US. 

Thats actually a really important point. I believe the benefit of adjusting status is only granted for those who qualify as an immediate family member. Through her marriage to you she would qualify however her children may not qualify.

[Fluxed88 1]

1 minute ago, Bill & Katya said:

I think you still need to research if the children can adjust status with her while in the US. 

When we had our consultation with the immigration attorney he acted like it was a non issue. Now I’m terrified about all this. 

[designguy 1,179]

Keep in mind the way they process applications is not to find reasons to approve but rather to find reasons to deny. If you don't have someone competent on the legal side to help you with this you could really screw things up and end up having them barred from the US

[Fluxed88 1]

1 minute ago, designguy said:

Keep in mind the way they process applications is not to find reasons to approve but rather to find reasons to deny. If you don't have someone competent on the legal side to help you with this you could really screw things up and end up having them barred from the US

Jesus. I appreciate your honestly, but it really scares me. It seemed cut and dry to us because we are real and not an arrangement like we hear about all the time. This has me worried sick now. 

[designguy 1,179]

Just now, Fluxed88 said:

Jesus. I appreciate your honestly, but it really scares me. It seemed cut and dry to us because we are real and not an arrangement like we hear about all the time. This has me worried sick now. 

Here is the thing. There is a proper way to do this. They should go back and apply for a CR1. The problem is that you are now trying to skirt around what their original visas were for. Filing an adjustment of status is not guaranteed either. Its going to be a long process. The children probably won't be able to go to school for a while. 

[Dashinka 23,211]

3 minutes ago, Fluxed88 said:

When we had our consultation with the immigration attorney he acted like it was a non issue. Now I’m terrified about all this. 

I believe only immediate relatives are eligible to adjust status in the US.  These would be spouse, parents, and unmarried children under 21 of a USC.  Since the two boys are not yours, they are not your immediate relatives as I do not believe step-children qualify.