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

[payxibka 10,044]

2 minutes ago, designguy said:

Can you provide evidence? I believe there is a gray area in the sense that they could attend the school BUT that doesn't mean it can't have consequences in different parts of the law IE immigration law. If they attend a US public school on a B2 visa in the eyes of the immgration officials that would constitute commiting visa fraud as pointed out by @JeanneAdil. 

 

The idea is is that they can attend for the welfare of the child (what I think you may be referring to with the supreme court ruling, how children of illegal aliens can attend public school). Does not mean they are immune from other parts of the law

B1/2?  More like "adjustment of status applicant "

[belinda63 2,981]

The school  cannot refuse the children an education. Whether this will be an issue during the AOS interview is unknown. 

What will be an issue is was there an intent to move to the US on a tourist visa? Does the USC have sufficient income to support a household of four ( himself, wife, two children) or more? 

The wife and children cannot leave the US until they receive advance parole unless they wish to abandon their AOS.

The wife cannot work until she receives her EAD.

[designguy 1,179]

5 minutes ago, payxibka said:

B1/2?  More like "adjustment of status applicant "

Certain enought to bank the future of your immigration petition on it?

Edited August 27, 2019 by designguy

[payxibka 10,044]

Just now, designguy said:

Would you bank the future of your immigration petition on it?

Would not even think twice 

[JeanneAdil 6,201]

4 minutes ago, payxibka said:

B1/2?  More like "adjustment of status applicant "

It is but he has not yet applied for AOS which we all know takes a long time

the instructions i posted are from DHS to allow them to legally attend school while waiting the AOS

[payxibka 10,044]

6 minutes ago, JeanneAdil said:

It is but he has not yet applied for AOS which we all know takes a long time

the instructions i posted are from DHS to allow them to legally attend school while waiting the AOS

It is solved in one day by submitting the forms.   Doesn't require action on the application.  Your instructions were for changing from one nonimmigrant status to another nonimmigrant status.   That isn't the fact pattern here

Edited August 27, 2019 by payxibka

[Georgia16 2,858]

1 hour ago, HRQX said:

It's a non issue (I assume you are a US citizen).

USCIS forms:

• I-130 petition for your wife filled and signed by you
• I-130A spouse supplement filled and signed by your wife
• I-485 application filled and signed by your wife (include I-864 packet)
• (Optional but highly recommended) I-765 and I-131 filled by your wife. They are both free to file.
• I-130 petition for stepchild #1 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #1 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #1 (or you or your wife). They are both free to file.
• I-130 petition for stepchild #2 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #2 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #2 (or you or your wife). They are both free to file.

This! Kids can't get SSN without the EAD or the Green card. File the I-765 for them also so you can get them a SSN. 

 

Keep them in school and let them start like everyone else where you live. Get the applications in and you will be fine.

[JeanneAdil 6,201]

I just keep wondering how he added here to bank account and lease with no SS #  or taxpayer ID and no credit history

He is saying the bank broke federal banking laws?

 

and he intends to use that for proof of relationship to immigration?  A ton of issues here

lawyer needed

[Georgia16 2,858]

5 minutes ago, designguy said:

Certain enought to bank the future of your immigration petition on it?

I have read the whole thread and I'm sure your intension are fine but darn are you just out on a scare rant here? Not one positive thing just trying to scare hime with everything he does. 

Many adjust status all the time and they will be fine to do it also. Even with the kids here adjusting also and them in school.

[JeanneAdil 6,201]

2 minutes ago, payxibka said:

It is solved in one day by submitting the forms.   Doesn't require action on the application 

It is but he doesn't want to spend $6000 for attorney and AOS is not cheap,  right?

and all his proof are things he has done breaking so many immigration laws and rules

[payxibka 10,044]

3 minutes ago, JeanneAdil said:

It is but he doesn't want to spend $6000 for attorney and AOS is not cheap,  right?

and all his proof are things he has done breaking so many immigration laws and rules

He would prefer not to, doesn't mean he wouldn't if he needed to

[designguy 1,179]

5 minutes ago, Georgia16 said:

I have read the whole thread and I'm sure your intension are fine but darn are you just out on a scare rant here? Not one positive thing just trying to scare hime with everything he does. 

Many adjust status all the time and they will be fine to do it also. Even with the kids here adjusting also and them in school.

I did give him a positive thing I said he should go through the CR1 as he has a more solid case there. Reading the thread you would see there are many red flags. The fact the op is not aware of many things and is hesitant to pay for a lawyer do not bode well for the complicated case he has. He has a lot to think about and should be made aware of all the possible scenarios in order to make the best decision for his case. Its not personal

[Georgia16 2,858]

1 minute ago, designguy said:

I did give him a positive thing I said he should go through the CR1 as he has a more solid case there. Reading the thread you would see there are many red flags. The fact the op is not aware of many things and is hesitant to pay for a lawyer do not bode well for the complicated case he has. He has a lot to think about and should be made aware of all the possible scenarios in order to make the best decision for his case. Its not personal

What complicated case?

 

YOU (and others) are stating they came here with intent. He clearly states that was not the case.

She working now? Yeah but that won't be a huge issue and he said he will ask her to resign.

Kids in school? Won't be an issue.

 

[designguy 1,179]

11 minutes ago, Georgia16 said:

What complicated case?

 

YOU (and others) are stating they came here with intent. He clearly states that was not the case.

She working now? Yeah but that won't be a huge issue and he said he will ask her to resign.

Kids in school? Won't be an issue.

 

As another poster had said, immigrant intent can be reevaluated at the time of the AOS interview. OP still hasn't answered my questions:

1) Did the wife maintain a residence abroad or did she give it up when she came on her visit

2) Did she discuss moving to the US with her children prior to arriving?

 

There is a question on the I-485:

Have you ever violated the terms or conditions of your nonimmgrant status?

She was working, even though remotely, so she would have to answer yes

Edited August 27, 2019 by designguy

[JeanneAdil 6,201]

12 minutes ago, payxibka said:

He would prefer not to, doesn't mean he wouldn't if he needed to

but he needs to be aware of the costs for 3 to AOS and the problems he has already made as her name on bank account and lease after only 2 weeks of marriage

and bringing divorce papers to show kids can move out of her country and their birth certificates to enrol them in school

major issues