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K-1, enrolling children in U.S. school

After a 2 year wait for her fiancee visa, my girlfriend arrived in the USA last Saturday. On Tuesday, we tried to enroll her son (7 years old) in school. To enroll the child, the school said we had to get a either a drivers license or an ID card from the Dept. of Transportation as proof of residence. To get proof of residence, Transportation said we had to provide a social security card, a marraige certificate and confirmation of status from the Dept. of Immigration. Obviously, all of this will take time. We haven't even set a date for the wedding yet.

What is the status of dependant children under a K-1 visa? Are they entitled to go to school, or are they supposed to vegatate? Considering the 90 days the visa is good, and the time lag in getting documentation through Immigration, he could be ready for high school before all of the paperwork is done.

What can I do?

By michaelz on Mar 9, 2005, 04:03 in Visa & paperwork.

Crazy4Cali says on Mar 9, 2005, 06:09:

Get a SS card Your novia should be able to get a SS card with the K1 Visa (as I understand it) before you get married. With that the rest should fall into place.

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ws244 says on Mar 9, 2005, 06:18:

school public schools can not require children proof of legal residency in the united states. they are giving you a runaround. texas, arizona, new mexico, etc are full of illegals. stand up for your rights around these hipocrites.

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lpdiver says on Mar 9, 2005, 06:25:

Ask them To show you the law, quote the statute, etc. Look up the regulations yourself on the internet. In other words dig in and do your home work.

Tony

"cook some rice!"

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Chevere33 says on Mar 9, 2005, 06:29:

what ws244 said I concur with ws244. There are plenty of kids here illegally that are enrolled in school. If there is a migrant law/legal center in your area, they should be able to help you, and it's free---call them! PM me if you can't find one and I'll help you; I'm in touch with the one near us.

Constancia

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Gator says on Mar 9, 2005, 07:21:

Should be no problem...But, after arriving in the United States your fiancée will be eligible to APPLY for a work permit. The catch? The USCIS may not be able to PROCESS the work permit in the 90-day time limit for you to get marriage. If your fiancée applies for adjustment to permanent resident status after marriage, she must APPLY AGAIN for a new work permit after she is married.

Child attending school:

The federal law concerning this is Section 625 of Public Law 104-208. But I assume the child will enter on a K-2 visa when the mother enters the US on a K1 fiancée visa. It is possible possible for the child to attend school but it depends on the state. There is no right to attend under present federal law.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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dwmte says on Mar 9, 2005, 10:45:

it's been my experience, with my employees in california...no matter what country the parents are from, no matter what their status in the u.s. ie, legal/illegal, that the children just inroll in school. period.

the schools get more money for every head in class. it has nothing to do with the "legality" of the students. only their presence in class.

go back to the school and ask to speak with the principal you'll get better answers and a lot more cooperation.
good luck,

dw

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Congo says on Mar 10, 2005, 10:47:

Hi Are u in TEXAS?

It shouldn't take all that.....I work for a texas ISD...ALL U SHOULD NEED IS AN ID FOR THE MOTHER AND IT CAN BE HER PASSAPORT AND YES U NEED TO HAVE THEM BOTH ON YOUR LEASE IF YOU LEAVE IN AN APARTMENT.

THE BOY HAS THE RIGHT TO GO TO SCHOOL BY LAW. (IF LEAVE IN TEXAS.)I'M NOT SURE ABOUT OTHER STATES.

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utopiacowboy says on Mar 10, 2005, 12:53:

I had no trouble enrolling my stepchildren in school here in Texas. None of them have social security numbers. I did have to show proof that I live in the school district but this was easy to do. In Texas you do not need a social security number for a driver's license either.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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michaelz says on Mar 14, 2005, 05:12:

constancia, ws244 Thanks. As you suggested, I kept bitching and went over the head of the person giving us the proble. The child is now enrolled and will start school on Wenesday.

The first week was really hectic, but now things are settling down. She likes most things here, but there is one problem.

If only the weather would cooperate. We're in Pennsylvania, and 40 degree temperatures seem like the arctic after the 90 degree days in Cali. I keep telling her it will get warmer in a couple of weeks, but she's kind of bummed out by the cold.

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Dan says on Mar 14, 2005, 05:46:

good to hear that... ...you finally got everything worked out. My girlfriend and her daughter are waiting to come to the US some time. I'm leaving today to go back to Colombia (again) and get married. I hope all works out better this trip.

The best to you,
Dan

God Bless America!

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michaelz says on Mar 14, 2005, 06:17:

Dan Good luck and hang in there. Don't get discouraged. It took us 2 years to get the fiancee visa approved (after we were told 6 months at the longest). It was tough waiting, but at least the relationship has been tested. She seems to appreciate that I will hang in there for her, and your fiancee no doubt feels the same.

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fzrdan says on Mar 17, 2005, 08:39:

All you people thinking that it is the RIGHT of ANYONE to attend a public school are full of crap. If you are here legally, fine, but why shouldn't you have to prove it? You should HAVE to prove you are here legally to attend a school funded by tax dollars. Very simple.

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