Hilde

Thanks for sharing. But there needs to be some clarification here. What happened was the kids were admitted because they did not plan to go to school here. And the schools are not tied to immigration, so once they are here, yes, it is possible to enroll them. But the main point of your story is that your sister (and her ex-bf for that matter), broke the rules of the B2 by enrolling the kids in school. It wasn't an acceptable offense that was waived. It was because  they were never caught and simply got away with it. Schools do not actively enforce immigration laws, so many people exploit this, like your sister and her ex-bf did (albeit, they may have done it out of not knowing that it was wrong to do it). But if immigration would have found out, their B2s would have been revoked.

That is a totally separate scenario. That "not allowed to ask immigration status" is to prevent discrimination against undocumented children. This is for refugees and undocumented who are already here are are seeking status.  Coming on a tourist visa to put a child in school is not allowed. In order to do what you want the child would have to qualify for a student visa. But you can't use the tourist visa to enroll the child in school.
 
But the foreigner has to qualify for a student visa to go to school here. And even if it is a public school, the foreigner has to show that they will pay for the the schooling (anywhere from $10k - $15k per year).

The U.S. Supreme Court ruled in Plyler vs. Doe (457 U.S. 202 (1982)) that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents.
 
 
now how a 12 year old petition for a visa and Prove strong ties to home country?
 
the best way to attend school in the US is thru an exchange program such as rotary club but i believe it is for high school students as all ours were in their junior or senior years and we hosted 3 

https://www.ailawoffice.com/blog/2015/august/can-my-child-attend-school-in-the-usa-on-a-touri/
 
The regulations specify that a B-1 visitor for business or B-2 visitor for pleasure visa holder "violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study." The regulations further specify that a person who wishes to study must first obtain an F-1 or an M-1 student visa before starting studies in the USA. Parents who enrol their children in school in violation of this prohibition risk visa cancellation (revocation) for their child and permanent visa ineligibility for themselves.

I'm trying to look for an old thread where a Grandmother was bringing her Grandchild from Canada to the US to go to public school here on a B2 visa. She was bringing the child over to stay for months at a time. Eventually the border agents were questioning how this school-aged child could spend so many months in the US during the school year. They found out the child was enrolled in school here and they denied entry and revoked the visas for both the grandmother and grandchild.
 
If I come across the thread I will post it.

Yes, if visa is approved.
 
Not allowed unless he is at grade 9 or above. One can go to public school at grades 9-12 only.

I filed for my husband´s IR-1 while living abroad (with my husband). We had assets well over the threshold and when we recieved the DQ from NVC, there was a note stating that I did not meet the financial requirement. When I called NVC they highly suggested we get a joint-sponsor. Ultimately it is the interviewing officer´s discretion if he/she thinks your assets are enough. We didn´t want to delay anything further so we filled out another 864 which included the joint sponsor infomation and brought it to the interview - just in case. We ended up not needing it, but I highly advise you to do this - otherwise it could delay the process further.
 
Another issue was establishing US domicile, as we had been out of the USA for >5 yrs. We own an apartment in the US and brought the deed with us. We also included  our child´s school acceptance letter. You will need to establish domicile in the US - prove that you´re really going to live there when your visa is approved.
 
Also: it took just about 1 yr to get DQ from NVC and almost 1 yr for the interview (this was all during 2020 COVID, so hoping the times are shorter now).
 
Good luck!
 
 

We did but we also had a joint sponsor ready, just in case. Ended up not needing them but it was highly encouraged from the NVC document review. When we got the DQ, they stated I did not meet income requirements and recommended a joint sponsor.

I think so, but it might be worth double checking with them. I applied so long ago I can't remember what was in the application (and I had an SSN already before my GC).

Had my interview and visa approved 😎

Recommended to pay before entering visa to get the GC faster. If you don't pay before immigrating, you can only pay after uscis mails you the payment notice causing several months delays. Your petitioner can pay the fee online.
 
 

Yes, you should tell him but also ask to see the information is saved in the SAVE database on their computer. Still update your address upon arrival online (hopefully you provided correct address for green card when paying for GC issuance fee). 

My husband got his interview notice today from NVC. Anyone else? 
His DQ date is Sept 21,2020
Interview is on July 20. 

Hello Christian,
Not sure if you are talking about a financial sponsor... so if you are, just  make sure the sponsor has domicile in the US. Apparently, it's possible, but not so straightforward. 
 
"A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States."
 
https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos7
 

Had my interview and visa approved 😎

I uploaded my proof of domicile when I uploaded the documents in the NVC stage. I brought all of the originals with me to the interview, just in case. They didn't ask though.
My suggestion is usually to play safe: upload what you have into the NVC stage. If you don't, they can request further evidence (and this will delay the process further). The consular officer can always request for more info on the day of the interview... but if everything has gone though the NVC stage, it is less likely.

Hello there,
 
I filed for an IR1 and recently had my interview which was approved.
I lived for >5 yrs abroad with my husband and put US as my domicile on the 864. It is the address that we are going to be living when we move back to the US. 
I was told by my lawyer (and in many threads here on VJ) that when living abroad for so long, you really need to show ties to the US. Basically, the consular officer really wants to make sure that you ARE INDEED going to move back to the US when your visa is approved.
This is what I used to prove US domicile in my interview packet:
 
*US state driver's license
*US apartment deed
*US bank information with my US address
*Letter of acceptance for my child in a local school showing US address
 
Good luck!
 

I uploaded my proof of domicile when I uploaded the documents in the NVC stage. I brought all of the originals with me to the interview, just in case. They didn't ask though.
My suggestion is usually to play safe: upload what you have into the NVC stage. If you don't, they can request further evidence (and this will delay the process further). The consular officer can always request for more info on the day of the interview... but if everything has gone though the NVC stage, it is less likely.

Hello there,
 
I filed for an IR1 and recently had my interview which was approved.
I lived for >5 yrs abroad with my husband and put US as my domicile on the 864. It is the address that we are going to be living when we move back to the US. 
I was told by my lawyer (and in many threads here on VJ) that when living abroad for so long, you really need to show ties to the US. Basically, the consular officer really wants to make sure that you ARE INDEED going to move back to the US when your visa is approved.
This is what I used to prove US domicile in my interview packet:
 
*US state driver's license
*US apartment deed
*US bank information with my US address
*Letter of acceptance for my child in a local school showing US address
 
Good luck!
 

You can get a lot of VERY nice furniture in the U.S. at bargain prices (no need at all to buy retail).  Look at estate sales, the better resale shops, and on the neighborhood sites like Nextdoor.  I just bought a verrry comfortable theater-style sofa and two gigantic armchairs (barely used) for $500 + $65 delivery/add-ons = $565.

Unless you have some really nice furniture it’s likely cheaper to buy new. I was looking at getting something sent to Colombia recently for some new furniture and it was going to be around 1k to get it to a major city and then another 200 or so to figure out last mile delivery.

Hilde, thank you so much for your interview review! We used it when preparing for the interview!
 
Our interview was scheduled for 10:00, and we arrived at the consulate at 9:00. I think that our relatively late arrival was a HUGE mistake because we ended up waiting around 5-6 hours for the interview (we left the consulate at around 15:00). Most of the people arrived much earlier than we did. So I guess it's excellent advice to arrive much earlier than your interview is scheduled.
 
Our interview went very well, and the officer was super friendly and kind. She only asked how we met and where we're going to be living in the US. Unfortunately, I did not have the correct São Paulo state police certificate (I had 2 different state police certificates, but neither was the correct one). She said we'd be approved on the spot if I wasn't missing it. She asked us to get and upload the right document to the CEAC after the interview. Also, they kept my passport. Meanwhile, while they're reviewing the correct document - we are under administrative processing.
 
I'd like to know if anyone here is or was under administrative processing and how long it took them to be approved or hear back from the consulate?
 
Thank you, everyone!
Good luck!
 
If anyone has any questions regarding the interview or whatever, ask away, I'd be glad to help.  

Ive worked in the relocation industry and if you can do it, using excess luggage on your flights will be cheaper.  The shipping industry is in a big mess right now with containers all over the place and not strategically aligned.  Most likely, you will pay about 30-50% more than you would have pre-COVID.  If you dont need to bring furniture, I wouldnt.  There are no deals at this time and as more and more people become vaccinated, economies pick up and people want to move overseas for work, prices will rise more.

Thread is moved from the "Moving to the US" forum to the Mexico/Latin/South America regional forum, where the highest concentration of answers should be found.  Thread title is edited to attract specific attention.

Had my interview and visa approved 😎