school for child on tourist visa (while waiting for IR1/CR1)

[Gringuitico 4]

hi there,

 

As I understand US rules, I know that all children (K-12), regardless of immigration status are not just allowed, but OBLIGATED to go to school.  And, I know that somebody with a US visa (say, from Costa Rica) will (typically) be granted a 6 month stay upon arrival.  I also know that one is allowed to visit (as a tourist) while awaiting an IR1/CR1 visa (provided one has a valid tourist visa).

 

And yet... I have read that putting a kid in public school while on a tourist visa could be a violation of the terms of the visa.

 

So... what do we do?  Am I wrong about one of these points?  What about a private school?  If the reason for not going to public school would be not using govt resources, would attending a private school avoid this conflict? 

 

My thought is... have my (soon to be) wife and her daughter visit me for 6 months in the middle of our wait for the IR1/CR1 visa (I have not yet started the application, so this is all hypothetical).  I know that she COULD be granted 2 weeks or even rejected on arrival.  If that happens, we'll go to plan B.  But, if I assume she's given the typical 6 months... I need to know my options.  This actually might make the deciding factor for whether we go for spousal or fiance visa.

[aleful 1,905]

 

what you are saying is for children living in the US, not for children on a tourist visa, your children would be visiting, nothing else

 

the law no children left behind is for children living in the country, whether they entered illegally because their parents brought them or have a GC

 

so no matter  what their status is, undocumented or legal, they must go to school up to high school

 

this is not for children visiting on a tourist visa

 

 

[Gringuitico 4]

That makes sense, but I'm still wondering about options.

 

If I take it as a given that public school is not an option...does anybody see any problem with private school?

[Ontarkie 14,227]

The kids would then need a student visa. 

 

[David&Femke 91]

1 hour ago, Gringuitico said:

hi there,

 

As I understand US rules, I know that all children (K-12), regardless of immigration status are not just allowed, but OBLIGATED to go to school.  And, I know that somebody with a US visa (say, from Costa Rica) will (typically) be granted a 6 month stay upon arrival.  I also know that one is allowed to visit (as a tourist) while awaiting an IR1/CR1 visa (provided one has a valid tourist visa).

 

And yet... I have read that putting a kid in public school while on a tourist visa could be a violation of the terms of the visa.

 

So... what do we do?  Am I wrong about one of these points?  What about a private school?  If the reason for not going to public school would be not using govt resources, would attending a private school avoid this conflict? 

 

My thought is... have my (soon to be) wife and her daughter visit me for 6 months in the middle of our wait for the IR1/CR1 visa (I have not yet started the application, so this is all hypothetical).  I know that she COULD be granted 2 weeks or even rejected on arrival.  If that happens, we'll go to plan B.  But, if I assume she's given the typical 6 months... I need to know my options.  This actually might make the deciding factor for whether we go for spousal or fiance visa.

They presume that you dont take a child out of school to go on vacation, and that they go to school in tehre own country. the visitors visa is for hollidays why not have them visit in the summer during scool vacation?

[Unlockable 7,314]

Visitor visas are not for going to school. You are correct that it is violation of terms.

 

Would need a student visa. Or, as mention, have the child come when school is out for the summer.

[Gringuitico 4]

The problem is that a CR1 visa takes around 1 year to process, and I'm trying to think of ways to not be separated from my family for the better part of a year. I know I'm not unique in this, but the system, as designed, is cruel. So...I'm just trying to make the best of a messed up situation

 

While vacation is definitely an option...it's only a small window here, and I'm trying to figure out the best (legal) way to minimize the separation as much as possible.

[Gringuitico 4]

Student visa might be a possible option for her. I haven't really investigated that plan.

[Unlockable 7,314]

You and millions of others, including us here on VJ, are experiencing the same thing. The angst of being separated from loved ones during the process.

 

We've all been through it and have come out fine.

 

Don't break the law.

[geowrian 22,337]

You cannot enroll in school using a tourist visa, and it would be a violation of a tourist visa to enter the US with intent to do so.

 

The mandatory school attendance is for US residents. You are not a resident if you are visiting on a tourist visa.

 

3 minutes ago, Gringuitico said:

The problem is that a CR1 visa takes around 1 year to process, and I'm trying to think of ways to not be separated from my family for the better part of a year. I know I'm not unique in this, but the system, as designed, is cruel. So...I'm just trying to make the best of a messed up situation

I think we all understand how hard it is to be apart from our loved ones. Many of us have had to do so. I can only see my fiance once or twice a year for weeks at a time, and that's still better than many others here. You're fortunate in that you have the potential opportunity to only be apart for months.

[Gringuitico 4]

Just to be clear, I have no intention of breaking the rules... I'm just trying to see where the rules have some flex.

[geowrian 22,337]

Just now, Gringuitico said:

Just to be clear, I have no intention of breaking the rules... I'm just trying to see where the rules have some flex.

That's a dangerous strategy when it comes to immigration.

[Ontarkie 14,227]

~~Moved to General Immigration, from CR1/IR1 P&P - As the OP is not asking about the spousal visa process.~~

[N-o-l-a 7,167]

The additional issue is that your school district will not want to cover the cost to educate a child who is not actually resident in that district and could recoup the cost from you at whatever their per child spending is for the year (could be 10k for example).  

 

If your wife is going to be with the child, I don't see why she can't just homeschool him or her.

[Boiler 45,525]

Go to school in Costa Rica, visit in School Holidays, problem solved.

 

F1 visa is for Students.