fortress

Hi all,

We have a bit of a situation and would appreciate any advise that will ensure we are admitted into the US when we travel in April.

Our plan is to take an extended (3 months) holiday from April - July to travel round West Coast and see long term friends (return flights booked). However due to our children being in school, we decided that the children should go to a US school for half of the holiday (April-mid June) but the private school of our choice insisted on a F1 visa so we applied in London and she was given a student f1 visa (5 years - wasn't expecting this long). Our son is a US citizen so wouldn't need a visa. Both Parents are British Citizen so could travel on VWP and have already got ESTA approved. We thought of applying for a B1/B2 but decided against it based on most comments here about 'routine refusal' for British Citizens.

My question is wouldn't the POE officer be questioning a 5 year F1 visa for our primary sch child because we parents can only stay 3 months on vwp? What we planned to say is that ''we are here on holiday and our children will study during the holiday as we have taken them out of school. we have a return ticket to go back to UK in July''.

I'll appreciate your advise and if anyone has a previous experience please share.

Thank you all!

ian-mstm

I hope you mean 90 days, because that's not the same as 3 months.


Yes, they most likely will... and I wouldn't count on the officer believing you! I understand why you got your daughter an F-1 visa, but it probably wasn't a good strategy as it unnecessarily complicates your travel plans.


So long as you understand that the CBP officer is not obligated to believe a word of what you say, I think what you have here is good.


The only one who is guaranteed admission is your USC son. The rest of you must take your chances.

Ian

fortress

Thanks Ian
Yes i meant 90 days.

''Yes, they most likely will... and I wouldn't count on the officer believing you! I understand why you got your daughter an F-1 visa, but it probably wasn't a good strategy as it unnecessarily complicates your travel plans.''

Can we say at POE, that we don't want to use the F-1 again since our daughter has an existing ESTA approved? then get a letter from the school to 'defer' / cancel school enrolment. We just didn't want to homeschool during that period, Now we have to take chances!

ian-mstm

The problem is that if she doesn't enter on the F-1, she can't attend school. She can be admitted to the US in only one status... so, either she enters on the F-1 or she enters on ESTA/VWP. If she enters on the VWP, she can't simply show the F-1 visa to the school and start classes - because she wasn't admitted to the US in F-1 status. That would be an improper use of the VWP.

I really don't have a recommendation for you. That she has an F-1 visa in her passport is likely to raise questions whether she uses it or not.

Hopefully, someone else will be along shortly to offer other options.

Ian

tom169

The only extra advice I can think is for the VWP parents to take proof of ties to the UK - such as a letter from employer saying expected date back, mortgage, etc.

I also would take information pertaining to the child's F1 status - including school letter and proof of funds (e.g. bank statement).

I hope that you're not leaving on the 90th day. You don't want to overstay!

SanDiegogirl

Are you currently living in the UK? What does the UK school authority say about taking your children out of school from April?

As far as I am aware the UK school year does not end until mid July, so your children are missing quite a bit of UK schooling.

.... and how much benefit are they going to get being put into a US school for just a couple of months?

deadshoppingmalls

By default...the ONLY person they can't refuse entry to is your son, a US citizen. Everyone else is up to the discretion of the POE officer. A visa is not a guaranteed entry to a country, just the opportunity to knock at the door...same with ESTA

Why can't you push the vacation back to the summer when you, your daughter and partner enter on ESTA and your son on his US passport. You seem to be over complicating something that could be ridiculously simple.

fortress

Won't this mean we have to explain the F1 visa in the passport?
It looks like we have to take our chances. This is what happens when you don't discover BE forum on time!
Thanks everyone. If anyone has experienced this before, please let me know how you navigated POE.

deadshoppingmalls

Nope - just because you have a visa in your passport, you don't have to use it. When I was still on my L1 visa, I was asked at every POE if I was entering on ESTA or my visa.

fortress

Hello all,
Just thought I'll update everyone on our trip. We flew into the US through JFK. All was automated entry except my daughter with F1 visa. We were then asked to see an officer who just asked the usual questions. He asked what me and wife did for work and why we wanted to stay 3 months since only my daughter is studying. I said she couldn't stay on her own. That was it, he gave some advice on a strain of flu virus going round and so the kids should take care. All done in less than 5 mins.

Thanks to everyone who chipped in some advice....I was really worried we made a mistake but it all worked out good.

Twinkle0927

Well, it's good that if all worked out but your explanation to the CBP officer was a bit backwards way about. From what you've reported here, you made it sound like the primary purpose for the adults to come into the country was to accompany your daughter whilst she studies. When in fact the primary purpose was your holiday and as a result of that - and the fact that you chose holiday dates in term time - you got an F1 for your daughter so that she can receive some schooling. Although I wonder how she will be schooled if you are "travelling around the west coast" (as stated in your first post). Is she going to a different school each week as you make your way along the coast?

fortress

Oh yes I did mention we'll holiday after the school year. As per changing schools, we'll be in one location until school finishes for the year on June 9. Then we start travelling. I probably got the explanation upside down as I wasn't expecting the automated line at JFK so we were already almost let in based on esta then I scanned my daughter's visa and it says see officer. That made my explanation focus on study and not holidays. I'm happy it all worked out.

fortress

Hello all,

Please forgive me if this is the wrong thread or the questions have already been answered elsewhere but I'm re-opening this thread to give a context since I asked some related questions here last year and got great advise.

So we went to the US for 3 months (precisely 85 days), enjoyed it a lot. The children attended a private school in the summer term up to mid-June (finish earlier than UK...really short term so we had to do extra home schooling so they don't fall behind in UK) after which we travelled visiting friends across the US - Houston, New York, Seattle and even Canada (Ottawa & Montreal). Now we're back in UK and we've been thinking of the school experience. I know the US education system gets a lot of flack in the media but we were really impressed by the quality of the school we attended in NC and currently exploring any possibility of the children studying in the US. It feels like we caught the holiday bug...no we didn't as we've been going to the US for the past 10 years. I also lived briefly in Boston while taking some graduate credits at Harvard - then I didn't like the US except their graduate schools...now I do like the entrepreneurial spirit and the opportunities (despite all we read in the media about challenges wt healthcare, social cohesion etc)

Are there any options for us? The challenge is that our children are in primary school (elementary) so boarding options are out. My daughter currently has a 5 years F1 visa(which is now useless I guess) and my son is a USC. I've considered a few options but not sure of viability of application success rates:
1) E2 visa - I run a small Technology Consulting firm here in UK, we occasionally work for US clients with UK offices. Can I realistically get the visa with a $100k investment? The problem is I need much less to start the company and acquire initial clients. How do I prove 'substantial investment' when I know I can be up and running with less than $50k and still be able to hire 1 or 2 USC? I don't want to spend for spending sake because a lot of the work can be done remotely and on client's site.

2) H1B - that is not guaranteed and could take forever besides it will make it difficult to run my UK company as I will then be working for someone full time.

3) L1A - There's a pressure of delivering results within 12 months whereas E2 gives you a bit more time

Please I'll appreciate any advice on other options for getting our kids to study in the US and any specific idea on making the E2 option work.

Thanks for reading!

Fortress.

scrubbedexpat099

i would start with a chat with your friendly Immigration Lawyer, does not sound the best bet, how many Employees do you have in the UK?

fortress

Just 2 so unlikely to qualify for L1A. Hence why we're looking at other options if there are.
Thanks