Waiting on K1,K2. Can child attend elementary school in US while waiting?

[Elderflower3623 0]

Dear users, 

 

I'm new here, therefore apologies if this topic was already discussed. I wasn't able to locate. 

We submitted our I-129f documents in August 2023. Received our first NOA1 August 31, 2023. 

No updates since then. 

 

I would preferably want to enrol my child  7 years old (who is also immigrating with me ) for the 2024 school year while we are waiting for the K1, K2 visas. 

my questions are as follows:

1) Can I enrol my child while visiting the US and while waiting on my Visa ?

2) If yes, would this impact my visa application negatively? 

 

I don't intend to illegally work or marry my partner in US. However, I would prefer longer visitations to the US and enrol my child to a public school. 

Once I hear from the USCIS, I will return back to my current location, Canada and proceed with the interview etc. 

 

Thank you~

[Crazy Cat 41,757]

24 minutes ago, Orchid9090 said:

1) Can I enrol my child while visiting the US and while waiting on my Visa ?

No.  That would violate the conditions of your visitor privileges. 

 

Can My Child Attend School in the US on a Tourist Visa? (ailawoffice.com)

Edited February 4 by Crazy Cat

[Boiler 45,426]

The child would need a F1 student visa.

[Redro 4,611]

@Orchid9090 the K2 visa is the visa you’re using to allow you and your child to enter the U.S. while waiting for your green cards so your child can go to school. 

[Letspaintcookies 2,310]

21 hours ago, Redro said:

@Orchid9090 the K2 visa is the visa you’re using to allow you and your child to enter the U.S. while waiting for your green cards so your child can go to school. 

The K2 is only the K1 for children. Doesn't grant you anything. 

 

You're probably thinking about the K3 which barely gets issued and hasn't for years.

[Redro 4,611]

25 minutes ago, Letspaintcookies said:

The K2 is only the K1 for children. Doesn't grant you anything. 

 

You're probably thinking about the K3 which barely gets issued and hasn't for years.

K2 allows the child to enter on a non immigrant visa and start attending school while waiting for a green card. 
I’m not sure what I’m misunderstanding? 

[Letspaintcookies 2,310]

1 hour ago, Redro said:

K2 allows the child to enter on a non immigrant visa and start attending school while waiting for a green card. 
I’m not sure what I’m misunderstanding? 

They don't have the visa yet. They're waiting for it. K1 and K2 are the non- immigrant visas that would allow them to enter and subsequently apply for the greencard.

Edited February 5 by Letspaintcookies

[Letspaintcookies 2,310]

1 hour ago, Redro said:

K2 allows the child to enter on a non immigrant visa and start attending school while waiting for a green card. 
I’m not sure what I’m misunderstanding? 

Geez, so sorry. Totally misread your post. We're talking about the same. Again, sorry.

[Elderflower3623 0]

thank you for all the replies. 

To clarify, my question is: whether or not I can visit the US as a Canadian citizen with my child and during this visit enrol my child in an elementary school, while we both are waiting for our K1 and K2 Visas? 

In other words, can Canadian citizen (child) go to a public school in US without, us residency/visa? 

[Ontarkie 14,205]

2 minutes ago, Orchid9090 said:

thank you for all the replies. 

To clarify, my question is: whether or not I can visit the US as a Canadian citizen with my child and during this visit enrol my child in an elementary school, while we both are waiting for our K1 and K2 Visas? 

In other words, can Canadian citizen (child) go to a public school in US without, us residency/visa? 

No they cannot. 

[Boiler 45,426]

1 hour ago, Orchid9090 said:

thank you for all the replies. 

To clarify, my question is: whether or not I can visit the US as a Canadian citizen with my child and during this visit enrol my child in an elementary school, while we both are waiting for our K1 and K2 Visas? 

In other words, can Canadian citizen (child) go to a public school in US without, us residency/visa? 

Of course not

 

[Redro 4,611]

4 hours ago, Orchid9090 said:

thank you for all the replies. 

To clarify, my question is: whether or not I can visit the US as a Canadian citizen with my child and during this visit enrol my child in an elementary school, while we both are waiting for our K1 and K2 Visas? 

In other words, can Canadian citizen (child) go to a public school in US without, us residency/visa? 

You want to live in the US while waiting for the K1/K2 visa to be issued. This is not possible. 

You could attempt to get an F1 visa for your child but this would raise flags for CBP when you cross the border. 

Why would you return to Canada if you are in the US and your child is studying in an US school? 

How do you plan on answering that question when you enter the US?

 

https://ca.usembassy.gov/visas/canadian-students/

Canadian citizens do not need visas to study or participate in an exchange program in the U.S. However, Canadian students do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university, school or exchange program they plan to attend. Upon receipt of the I-20 (or DS-2019), the student will be registered with SEVIS, the student tracking system, will be assigned a SEVIS number, and will be required to pay a registration fee. When crossing the border to begin their study or exchange program in the United States, the student will need to provide the Officer at the port of entry:

1. A Canadian passport;
2. The original I-20 (or DS-2019) certificate;
3. Proof that the SEVIS fee has been paid;
4. Proof of ability to pay school fees and living expenses in the United States; and
5. Proof of ties to Canada.

https://studyinthestates.dhs.gov/students/get-started/kindergarten-to-grade-12-students

SEVP can certify a private school for F-1 or M-1 student enrollment in any or all of its K-12 programs. SEVP can certify a public school for F-1 or M-1 student enrollment in grades 9-12, which is limited to a maximum of 12 months.

 

Immigration Lawyer Website

 

Enrolling your child in school while in a B-2 TOURIST status can jeopardize your family's current and future visa possibilities!

While the law states that public schools in the USA cannot turn away a child that is a law that is not in accord with the Immigration and Nationality Act.

Edited February 5 by Redro

[jan22 3,043]

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.

 

So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

Edited February 6 by jan22

[Boiler 45,426]

15 minutes ago, jan22 said:

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.

 

So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

To be clear I was not suggesting in any fashion a State School.

 

It is possible for someone of that age to study in the US at that age.

[jan22 3,043]

1 hour ago, Boiler said:

To be clear I was not suggesting in any fashion a State School.

 

It is possible for someone of that age to study in the US at that age.

I never even suggested you said that.  You're right, of course, if the student is attending a private school.  But, I was responding to the OP's  statements about enrolling the child in public school -- which is why I said no student visa to attend public elementary school.