Son to attend school during K1/K2 Process

[Bernie and Gary 0]

My son will attend school for up to the 6 month allowable time to visit the US. Do you think Customs will frown on this? I'll have a return ticket of course and it'll be revised for when he returns for his medical, and interview respectively. Just not sure what to tell them really and lying is not an option.

Your input is appreciated.

[misa 2]

Wouldn't he need a student visa?

[payxibka 10,044]

My son will attend school for up to the 6 month allowable time to visit the US. Do you think Customs will frown on this? I'll have a return ticket of course and it'll be revised for when he returns for his medical, and interview respectively. Just not sure what to tell them really and lying is not an option.

Your input is appreciated.

I am quite certain the customs inspection would not be concerned with this... however, the immigration inspection may

[Bernie and Gary 0]

My son will attend school for up to the 6 month allowable time to visit the US. Do you think Customs will frown on this? I'll have a return ticket of course and it'll be revised for when he returns for his medical, and interview respectively. Just not sure what to tell them really and lying is not an option.

Your input is appreciated.

I am quite certain the customs inspection would not be concerned with this... however, the immigration inspection may

The school is accepting him without the SSN and he doesn't need a visa either. Their view is the K1/K2 is enough to substantiate enrolling him. Actually they have another student in the same situation. Immigration inspection? (perhaps I'm having a moment) Sheesh! Your views are more than welcome, keep them coming.

[payxibka 10,044]

My son will attend school for up to the 6 month allowable time to visit the US. Do you think Customs will frown on this? I'll have a return ticket of course and it'll be revised for when he returns for his medical, and interview respectively. Just not sure what to tell them really and lying is not an option.

Your input is appreciated.

I am quite certain the customs inspection would not be concerned with this... however, the immigration inspection may

The school is accepting him without the SSN and he doesn't need a visa either. Their view is the K1/K2 is enough to substantiate enrolling him. Actually they have another student in the same situation. Immigration inspection? (perhaps I'm having a moment) Sheesh! Your views are more than welcome, keep them coming.

Customs inspection and passport control/immigration inspection are two very different things that occur at a port of entry. At a land based crossing they may indeed be performed by the same officer. At airports they typically are not.

Edited July 18, 2007 by fwaguy

[misa 2]

Oh nevermind, this is what I found:

http://vancouver.usconsulate.gov/content/c...cument=canadian

Canadian citizens do not require a visa to study in the United States. If you plan to study, you should go directly to the border or the airport with proof of your Canadian citizenship, the I-20 form issued by the school (or Form DS-2019 in the case of a person going as an exchange visitor), and evidence of means of support. The educational institution in the U.S. should be able to answer all questions related to you entering the U.S.

He should get an I-20 form issued by the school I suppose.

In this case, he should tell the truth that he's there to study with the appropriate paperwork from the school.

Edited July 18, 2007 by misa

[Bernie and Gary 0]

I'll call them, and keep you posted.

[raymaga 25]

By "school", do you mean elementary or high school, or do you mean college/university? How old is your child?

If your child will be attending public elementary or high school, then I don't believe you need any form to be filled out.

However, if you and your son are currently living in the U.S. without having already obtained your K-1 and K-2 visas, you may encounter a problem crossing the border into the U.S. if you do not have sufficient ties to Canada (such as lease/mortgage documents, recent pay stubs, etc.

Edited July 18, 2007 by raymaga

[Bernie and Gary 0]

High School - He's 17. I'll remain in Canada, continue to work and live status quo, and my younger son will stay here with me as well.

[raymaga 25]

So, your 17-year old son is going to attend high school in the U.S. while you are awaiting your K-1 and his K-2 visa approvals? You will remain in Canada, work and live there until your K-1 and your younger son's K-2 visas are approved? Have I got the information correct?

Your 17-year old is visiting the U.S. alone, right?

I am not certain how the immigration officer will handle this type of situation. They may question why your son is attending school in the U.S. while you remain in Canada.

I would call the POE where your son will be crossing into the U.S. and ask.

Edited July 18, 2007 by raymaga

[Bernie and Gary 0]

I just spoke with customs and they advised me that it's against the law to travel to the US under the K1 application process, even for Canadians, and because we're within close proximity it wouldn't hurt to wait the 6 -12 months because of all the years we'll have together. What the %^&* is that?

[misa 2]

That's not true. It's not against the law to visit while a petition is pending. School on the other hand, I'm not sure. Maybe give the U.S. consulate a call in Vancouver and ask them?

[Bernie and Gary 0]

I just spoke with two offices, the main office and Edmonton. Edmonton advised that I cannot travel. The main office was rude and said that if I wanted to risk being denied access to the US for up to 5 years, then I shouldn't attempt to travel, but it's up to the officer. This is not fair.

[misa 2]

No, that's not true what they said though. It's not illegal to visit while a petition is processing (there's no guarantee that they'll let you in though). But even those turned away here on VJ have never encountered a "5 year ban". Most were told lack of ties (need to bring more evidence of ties to Canada) and a few were just told to come back when they had their visa in hand.

I visited every 3 weeks while my K3 was being processed up until a few weeks of my interview. No problems at all and they only inquired about my immigrant intent the second to last visit (to which I told them about the K3 and where I was in the process).

Edited July 18, 2007 by misa

[raymaga 25]

I lived in Canada while my K-1 application was being processed, and so did my daughter while her K-2 application was being processed. We travelled to the U.S. several times by car (Blaine, WA border crossing) with absolutely NO problems whatsoever.

They asked questions such as the purpose of our trips, how long we were going to be in the U.S., and sometimes asked us for proof of ties to Canada. They also asked occasionally whether I had heard of the K-1 Visa, and I told them that yes, we were just in the process of getting approved, and that I was just going to visit my fiance.

We answered all the border officer's questions honestly, but never volunteered any information we were not specifically asked for. If they asked the purpose of my trip, I would simply state that I was going to visit my boyfriend. I didn't mention the K-1 Visa unless they asked me about it. My daughter would say the purpose of her trips were to come to visit me, her Mom (I got my K-1 visa one year before my daughter got her K-2 visa).

Neither one of us were ever denied entry into the U.S. while our K-1 and K-2 visas were being processed, even once they knew that we were awaiting approvals.