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

[designguy 1,179]

2 minutes ago, Bill & Katya said:

you can adjust status here in the US legally.

They can APPLY to adjust here whether or not it gets approved is another story

[Fluxed88 1]

2 minutes ago, Zoeeeeeee said:

 

You’re misunderstanding. Her family  was already planning a visit for her OTHER immediate family that lives here. In the same city as us.  Yes it would be strange if someone had a visit to see someone that was on holiday, but that wasn’t the case. At all. 

[Zoeeeeeee 797]

1 minute ago, Fluxed88 said:

You’re misunderstanding. Her family  was already planning a visit for her OTHER immediate family that lives here. In the same city as us.  Yes it would be strange if someone had a visit to see someone that was on holiday, but that wasn’t the case. At all. 

Gotcha. It’s an easy misunderstanding to make - the onus will be on you to make sure the interviewing officer doesn’t make the same one. Good luck and plan/research carefully.

[JeanneAdil 6,677]

not sure how you were able to do any of this

1.   Joint bank account with no SS # or EIN?   Even legal K1 visa holders have an issue trying to add new spouse to bank account

2.   working here /  you knew she was on a tourist not a work visa?   Breaking a immigration law

3.   adding her work check to the bank account will show up and can be an issue?  Proof you broke an immigration law

4.   Her name on a lease with no SS # and no prior credit history?   Again,  even legal K1 visa holders have trouble doing this with no SS # and no credit history

4.   yes,   many states even allow illegals to enter school in the interest of the children

5.   Having a paper that says the kids can move out of the country ?   So you were prepared to do this?

5.   Married just 2 weeks and kids already registered in school?

 

but you made a plan to marry and her stay here/  that is visa fraud and you have broken immigration laws and rules

 

Pay a good lawyer/  you're going to need one

and actually this is upsetting to the rest of us who did all this legally

[Crazy Cat 42,435]

29 minutes ago, Fluxed88 said:

It is extremely difficult. Under certain circumstances in life you do what you’re heart tells you to do.

 

 It took some convincing from me, but her entire family is here. Her only family, so it’s not that outlandish to leave and not go back. Nobody is left in Macedonia for her. I see your sarcasm and it’s not appreciated. 

I'm not accusing.  I am saying this all seems too illogical and too convenient....but my opinion is irrelevant.  My advice is to get those  I-485s submitted before their I-94s expire.  Otherwise, they are out of status and subject to deportation. 

[payxibka 10,047]

45 minutes ago, Fluxed88 said:

 

Well school isn’t happening now that everyone has told us that. 

Put the kids in school. 

[designguy 1,179]

3 minutes ago, payxibka said:

Put the kids in school. 

They just have to be aware of the consequences

[payxibka 10,047]

3 minutes ago, designguy said:

They just have to be aware of the consequences

Which are?  

[JeanneAdil 6,677]

41 minutes ago, Fluxed88 said:

It is extremely difficult. Under certain circumstances in life you do what you’re heart tells you to do.

 

 It took some convincing from me, but her entire family is here. Her only family, so it’s not that outlandish to leave and not go back. Nobody is left in Macedonia for her. I see your sarcasm and it’s not appreciated. 

those comments were not sarcasist /  they were the truth about immigration from those who went thru years and a lot of money to do it right

you came here for answers

it is us being honest 

[designguy 1,179]

4 minutes ago, payxibka said:

Which are?  

They are not legally entitled to attend public school 

 

At the very least they should have an NOA1 prior to attending...

Edited August 27, 2019 by designguy

[payxibka 10,047]

2 minutes ago, designguy said:

They are not legally entitled to attend public school 

I think the US Supreme Court would disagree.  This issue was settled a long time ago. 

[JeanneAdil 6,677]

3 minutes ago, designguy said:

They are not legally entitled to attend public school 

Correct as per this from DHS

 

https://studyinthestates.dhs.gov/2017/05/b-1b-2-visitors-who-want-to-enroll-in-school

 

If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539, “Application to Extend/Change Nonimmigrant Status,” with the U.S. Citizenship and Immigration Services (USCIS) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions

 

but still many states allow illegals to enter primary schools in the best interest of the child

[designguy 1,179]

4 minutes ago, payxibka said:

I think the US Supreme Court would disagree.  This issue was settled a long time ago. 

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

Edited August 27, 2019 by designguy

[PaddyGirl13 75]

Children can adjust status and attend school. My son adjusted with me in Minnesota in 2016 and started middle school when we figured we were not going home, no issues. (My Father in law was dying and I didn't want to leave my husband after our vacation) My divorce document stated I had full custody of my son and could travel or move anywhere.

 

Only difference is I was already married to my spouse (2014 and already in the CR1 process) when we adjusted we already had an approved I-130, just waiting for the interview at the Embassy in Dublin. We adjusted from VWP. I have no problem with my son attending the local school as my husband paid local taxes.

 

(Our changing track added over a year till we had Green card in hand, but it was worth it to us as we were here for Dads final days and were together for support).

 

[designguy 1,179]

My final thoughts for the OP. You have a complicated case, if you go down the route of the AOS it will be a long process and you are going to have a cloud of uncertainty over you while this processes. A CR1 for you would be much more straight forward. But I wish you luck going forward