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Can we live in the U.S. while our young kid attend private school?

Last activity 27 May 2015 by flyingkorn

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flyingkorn

I'm planning to send my 12 years old boy to a private non-boarding school in the U.S. as an international student. He will be entering the U.S. with the I-20 under F-1 visa. We do not plan to migrate to the U.S. but need to live with him as he is too young to live alone. Can we live with him while he attends school using our B1/B2 visas as long as we leave the U.S. before the 6 months period? I realized that this is a tourist visa but there seems to be no other visa options available? We can provide immigration upon arriving from a flight into the U.S. with the proof of our son's schooling. I'd appreciate any advice or recommendation. Thank you very much.

QuaggaKid

Hi,
I think you have a good chance of being able to come and live with your son, under the conditions you mention, on a visitor visa. As long as you can prove that your family is able to support itself financially during that period (bank statements, pay slips, etc.) you shouldn't have much of a problem. From my experience with immigration in the states (my boyfriend is South African and has had to apply for several visitors visas to the US), they just want to know WHY you are coming, WHAT you plan to do, and WHEN you are going to leave. If you can show that your son is attending a private school and that he's a minor, immigration shouldn't give you a hard time (especially if you have a flight plan out of the country). If it's your first time in the US, they're a little more lenient, i've noticed.
Hope that helps...

flyingkorn

Thank you very much QuaggaKid.  :)

stressedmom

I would double check with the US consulate in Dubai. If immigration (ICE) in the US deems you are violating your visa while in the US they will deport you (possibly without your son) & ban you from coming back into the US.

Pennieusa

In short NO basically the B1 is set up a a business visa seeking business opportunities. You are correct it lasts for six months but it is solely intended for business exploration. Your son would have to either be able to have a nanny or gaurdian to facilitate his time in the US. There are no excise ting visas to allow you to stay in the country whilst your son is in education, even if you are self suffieseint. Both our children attend private schools here in the US and we would have loved nothing more than to spend the time here whilst they were at school and then return to UK but we had to set up a business and basically do as we were told by immigration and employ Americans to enable them to be educated here.

flyingkorn

Thanks for the reply, I totally understand where you're coming from. After extensive research and asking around, apparently there's a provision in the "U.S. Department of State Foreign Affairs Manual Volume 9-Visas" for your B2 visa that would allow you, as parents to live in the U.S. with your children who is considered a minor as long as the children are in the U.S. under the F-1 student visa. I hope this could make your life a bit easier. Below is what it says:

9 FAM 41.31 N14.4 Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status
(CT:VISA-2195; 10-14-2014)

The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, and accompanying parent(s) of minor F-1 child- student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security (DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States.

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