sir_eccles

My understanding (which could very well be wrong) of the B1/2 visas with annotations like "in lieu" and "cohabiting" is that they are just that just annotations added by the officer when you enter. There is no actual "B2 cohabiting visa" you are applying for a B2 and politely asking the officer to scribble "cohabiting 12 months" on it when you arrive. It still doesn't get past the eligibility for school.

Sally Redux

From OP's own link:

Can the visa holder's spouse obtain a derivative visa to the US?
No. Unlike other visas, there is no derivative visa to the B-1 in Lieu of H-1B. Therefore, the spouse can only obtain, at best, a simple B1 Business Visa or a B2 Tourist Visa.

SummerAB

Thanks everyone for your great advice. I guess as expected we'll keep children in private education. We're already in contact with a couple of the private school recommended by our current school so likely we'll go down that route.

If anyone viewing this has a husband/wife who like mine has a b1 in lieu of h. Don't be put off you and your children can also go with them you just have to have your own visa and dependent upon your personal circumstances (eg: housewife) it's likely to be a B1 or B2. It's a straight forward process especially with immigration lawyers advising you - at least that's been my experience.

rebs

Do you and your husband have your visa yet?

Bob

Doesn't help the kids with schools.

Bob

Process is straight forward. Entry into country, not so much. No guarantee you'll not be bounced when you try to enter, which when you've got kids looking to go into school, will very much look like you're trying to live here and getting bounced has consequences for the future.

It's not something to take lightly at least, certainly without getting a second opinion, from your own US immigration lawyer because you mustn't forget that the one the company is using is working for the best interests of the company and not you.

kodokan

When I enrolled my kids in school, one of the many bits of paper they gave me was an advice notice that they (the school district and all their employees) was in no way whatsoever permitted to enquire into the kids' visa status, I didn't need to evidence anything, and that if anyone did have the temerity to ask, I should report them to <number>.

Bob

Different states, different rules.

ian-mstm

With respect, you seem to be missing the larger picture. You can not live in the US without a visa that allows you to do that - and you can not live in or go to school (private or public) in the US on a B-2 visa. I don't know who is feeding you the information, but if it's the company lawyers - I feel sorry for you... because it is you, not them, who will suffer the wrath of US immigration. Never forget - never - that those lawyers work for the company... not for you! Your husband will be fine... he's getting the appropriate visa for his needs - but you and the children are betting against the odds, and that's never good.

Perhaps you think we're simply a negative bunch of folks who are trying to scare you, but we have seen it happen time and time again... and it never ends well - yes, even when the company's immigration lawyers assure people that it's all okay.

I've said all I'm going to say on this. Quite frankly, you are a train wreck waiting to happen. You neither know it nor want to acknowledge the possibility... and that's the really sad part.

Ian

jeepster

Strange that, as there's about 30 million illegal immigrants in this country and their kids attend school. They don't even have a visa.

You guys aren't being negative, just too parsimonious. American society is more nuanced than that. She should just sign 'em up in the school of her choice (no one but the feds are supposed to ask about citizen status even if she's stopped by the cops for a traffic ticket they're not supposed to enforce immigration issues).

So just sign 'em up and if they ask for a visa, plead ignorance (show 'em your visa credit card).

penguinsix

A couple of points.

The regulations for who can attend a school are basically set forth by a local school district in conjunction with the state government. What street you live on, what constitutes 'proof' of residence, what age you must be for which grade, etc--these are all local decisions made by state and local governments, which, by and large, have no authority over matters of immigration.

Federal authorities (Washington DC) handle immigration matters, along with issues of 'civil rights'. In 1981, the Supreme Court ruled in Plyler vs. Doe that discriminating against children based on immigration status violated the constitutional rights of the children. This basically mandated that the local public schools had to admit the children regardless of immigration status, and also prohibited immigration status from being a factor in admission.
Some states have tried to add requirements about immigration status to the application process, but the federal government is attacking these efforts.
That said, where it gets complicated in your situation is that enrolling your children in school, either PUBLIC OR PRIVATE, on the B1/B2 visa you are seeking is generally a violation of the terms of that visa, rendering it invalid (there are a few exceptions but not many). It will also result in a 5-year ban on them re-entering the USA.
Therefore, you should be aware that while public elementary and secondary level school districts will admit your children into their schools, you need to recognize that federal immigration laws prevent your children from lawfully attending these schools as their visa will be invalid.

So why are their thousands of illegals in the schools? Because the schools do not enforce the immigration rules and the federal government is far too busy to do raids in the schools and arrest them all. So why can't I just do that? Because you, unlike those without status, may have to pass through legal immigration channels (visas, VWP, etc) and be confronted by an immigration official who asks "what did your kids do while you were in the USA for 3-6-9-12 months last time?"

You might want to approach your company lawyers and see if an H-1B visa is possible for your husband, giving your family a visa to live and study in the USA. It's a longer process but it will sort out many of these problems. If he is an executive and they have a US presence perhaps an L1 visa where he transfers to the US office might work as well.

SantafeBrit

I don't have children, but I lived in Chicago for 10 years - if you can afford it "North Shore is best" starting with Evanston, north to Wilmette, Winnetka, Lake Forest. if you are staying long enough Newtrier High School in Winnetka is one of the top high schools in the country - caution, these suburbs are expensive!

loubiblu

Thanks for the recommendations. I'm exploring all of these suburbs tomorrow and Thursday. I've also got appointments lined up for schools.

SultanOfSwing

For what it's worth - both the towns you mentioned back on September 5th; Libertyville and Barrington, from what I know of have very good schools.

Both are also very nice towns. I know Libertyville a bit better of the two, I'm there a few times a month, often more. Very nice place indeed.

phodg

We live on the North Shore, up in Highland Park. The schools are excellent.