Costa Rica K1 Fiancee with Child Embassy Interview

[brucester 0]

Hi all--- I started the process in the States, got the I29f approved, and the US Embassy required that the rest of the forms be filed in San Jose, Costa Rica. My fiancee is divorced with an 11 year old daughter. Long story short, and it is not too long a story, I flew back down, reviewed the forms with her, made more corrections to those my attorney prepared, and we went in for the interview. We learned a few more forms were needed, the people were helpful, and we filled them out right then and there.

I had to leave the day my fiancee picked up their passports. Both have approved visas. Yes!! However, my fiancee was advised that her daughter could not be issued a permit to study/attend school in Texas and would have to answer questions at the airport and fill out forms contained in a sealed envelope upon departure. This is confusing, naturally, as it would be illegal for an 11 year old child to NOT attend school. It would probably be illegal for any local school district to deny entry to any student based on any visa status regardless.

I am in the process of getting school district policies and procedures so that Tati can have them in hand when she goes to the airport to fill out forms. If anybody has had a similar experience, I would appreciate you sharing that with me.

Thanks very much,

Bruce

[elmcitymaven 9,712]

Hi Bruce -- I don't have an answer to your question but I think you probably didn't mean to post this in the DCF forum, so I'll move this for you for better answers.

Where I would put this is a bit of a quandary -- this appears to be an issue with the Costa Rican consulate and not the Texas authorities, right? I'm assuming it is and moving this to the Latin America, Mexico & the Caribbean sub-forum to see if someone else filing in Costa Rica has faced similar problems. If it's a Texas issue, let me know and I'll move it again to another forum.

[brucester 0]

You are correct and thanks for moving it. I am an obvious rookie. I really appreciate this website.

[elmcitymaven 9,712]

No problem -- we were all newbies once!

[NigeriaorBust 4,087]

What I think is going on is that until you adjust status they are not residents and not entitled to benefits as residents. It is perfectly legal for a child to visit the US and not attend school no matter what part of the year they are here. It may be best to contact your local school district to see what is required for a new immigrant to attend school.

[Liz_Allan 0]

Hi all--- I started the process in the States, got the I29f approved, and the US Embassy required that the rest of the forms be filed in San Jose, Costa Rica. My fiancee is divorced with an 11 year old daughter. Long story short, and it is not too long a story, I flew back down, reviewed the forms with her, made more corrections to those my attorney prepared, and we went in for the interview. We learned a few more forms were needed, the people were helpful, and we filled them out right then and there.

I had to leave the day my fiancee picked up their passports. Both have approved visas. Yes!! However, my fiancee was advised that her daughter could not be issued a permit to study/attend school in Texas and would have to answer questions at the airport and fill out forms contained in a sealed envelope upon departure. This is confusing, naturally, as it would be illegal for an 11 year old child to NOT attend school. It would probably be illegal for any local school district to deny entry to any student based on any visa status regardless.

I am in the process of getting school district policies and procedures so that Tati can have them in hand when she goes to the airport to fill out forms. If anybody has had a similar experience, I would appreciate you sharing that with me.

Thanks very much,

Bruce

Hi Bruce,

I'm not sure who told her that your step-daughter could not attend school, but I would (like others have posted) be sure to check with your local school district. ANECDOTAL story: My cousin teaches in Texas and as long as immigrants there have a legal right to live in the district they are allowed (even required) to attend school of some sort.

Obviously, with a VISA in hand to arrive in the USA, your step-daughter will LEGALLY be here. I'd venture an educated guess that simply having her AOS filed or any *other paperwork from BCIS* to show she is a legal immigrant would likely be enough to get her enrolled in the local district. Like others have said, contact your local school. Explain to them that your step-daughter will be legally immigrating into the USA and has her legal paperwork in order, you just need to know what additional paperwork you will need to bring. (Lean heavily on the use of the word "LEGAL", as the word does seem to mean so much to so many folks, who are understandably nervous about breaking the law or what they perceive the law says.)

Don't be too concerned if they ask to see evidence NOT of the immigration status, but proof of your residence, more than they do proof of her legal status. Any student in our district, (whether US born or immigrant) has to bring something to prove they live in that district. This can be a bank statement with the address, the electric bill or other mail that has the name of the family member and the address on it. Even students who have gone to school in that district for years are asked to prove their residence.

The secretaries at the school may (or may not) be familiar with their own policies. It is also possible in many school districts to get a copy of the school district's handbook of policies. Sometimes these are available online, I know our school's handbook is online.

Best wishes as you complete the process, I'm sure she will love it here.

[sus 70]

A fiancee visa is not an immigrant visa to the US - as a K-1 / K2, your fiancee and her daughter have a right to enter the US and stay for 90 days - If you get married within the 90 days, then you file for both of them to adjust status, which is when residency begins - Until you file to adjust their status, your step-daughter is basically considered a visitor to the US, which is why she doesn't have permission to attend school.

I am pretty sure that if you explain the situation to the school, they will work with you to get her enrolled - Or just marry ASAP and adjust status, once you have that NOA1 from adjustment, you can register her with that.

[payxibka 10,047]

Until you file to adjust their status, your step-daughter is basically considered a visitor to the US, which is why she doesn't have permission to attend school.

Oh no it is not... a K-1/2 status is not even remotely basically the same as a visitor..... I enrolled the K-2 in school right after arrival and way before greencard...

[sus 70]

Oh no it is not... a K-1/2 status is not even remotely basically the same as a visitor..... I enrolled the K-2 in school right after arrival and way before greencard...

THen your school district was aware of the visa process - See the highlighted portions below: Same as a visitor visa - You are allowed entry to the country, but if you don't marry you are not allowed to remain in the country - it allows you to remain in the country for a certain period of time - Same as a visitor visa allows you to remain in the country for a specified period of time.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

[payxibka 10,047]

THen your school district was aware of the visa process - See the highlighted portions below: Same as a visitor visa - You are allowed entry to the country, but if you don't marry you are not allowed to remain in the country - it allows you to remain in the country for a certain period of time - Same as a visitor visa allows you to remain in the country for a specified period of time.

No I don't think so.. the school did nto even inquire as to his immigration status... just enrolled him..

There are so many different types of non-immigrant visas and ALL of them only allow you to stay in the country for a certain period of time.... trying to draw a correlation from a "K" visa to a tourist entry just does not work

Edited February 25, 2010 by payxibka

[sus 70]

No I don't think so.. the school did nto even inquire as to his immigration status... just enrolled him..

There are so many different types of non-immigrant visas and ALL of them only allow you to stay in the country for a certain period of time.... trying to draw a correlation from a "K" visa to a tourist entry just does not work

This is exactly why I rarely bother to post in the other topics - Cause people like to nit pick - I could have picked any other visa out there, I chose the visitor visa - Regardless, my point is that the K1 / K2 is NOT an immigrant visa, which is why it says that she doesn't have permission to go to school - because until they file to adjust status, she is technically not an immigrant.

I could also give you the example of a girl who was brought to the US on someone else's visa - enrolled in school, had a SSN, was in foster care under the state - all without any legal status into the US - But would that really help the original poster?

You were fortunate in your situation, I would hope that the OP is as well - My point was to try to help explain why the visa says what it says - Because technically, as a Non-immigrant, the child doesn't have the right to attend school - Will most school systems work with you? Yes -

[brucester 0]

Many thanks to all who have posted replies! I think I have it figured out thanks to your help.

Gracias,

Bruce

[az110965 252]

Hey Bruce,

Hope all is going well for you and your family. Keep us up to date!!!!!!!!!!

Pura Vida!

Alan