Temporary family nanny from abroad
#18
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Joined: Mar 2004
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Re: Temporary family nanny from abroad
Obviously bringing in child care help from overseas can be financially attractive but not top of the list for US to provide work visa's for.
#21
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Location: Cascade Mountains, WA
Posts: 1,089
Re: Temporary family nanny from abroad
She can visit (and I am with Pulaski in that she has a reasonable chance of getting a B-2 - every day planeloads of Filipinos arrive in the USA with visitor visas so there is a realistic chance of her getting one) but she won't be able to work for them. To get an au-pair J-1 visa she'd have to go through an agency and be placed by the agency. You can't get the J-1 to work for family and friends. This is done to stop people using a J-1 to bring siblings in and avoid the lengthy F-4 wait.
B-1 with EAD is an option for domestic workers of USCs but only if the USCs are permanently based overseas and are coming back to the USA for a visit. For example a USC family in Singapore that employs a Filipino maid are coming to the USA for a month to visit family etc and want to bring the maid with them for her to continue her duties for them whilst here. It doesn't work if the USC family is already living in the USA.
B-1 with EAD is an option for domestic workers of USCs but only if the USCs are permanently based overseas and are coming back to the USA for a visit. For example a USC family in Singapore that employs a Filipino maid are coming to the USA for a month to visit family etc and want to bring the maid with them for her to continue her duties for them whilst here. It doesn't work if the USC family is already living in the USA.
#22
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Temporary family nanny from abroad
There are 80+ million Filipinos and it's a relatively impoverished country. They may or may not get the visa.
In my experience, Manila is quite discerning in who they issue a visa to. The middle of the road denial rate may be due to the local perception that one should not bother to apply unless clearly eligible.
https://www.thecleverfilipina.com/my...-denial-story/
"My experience with the US Embassy in Manila is bitter sweet. I applied for my US tourist visa, 5 times. Denied 4x before I finally got the “matamis na Oo (Sweet YES)” of the US Consulate."
In my experience, Manila is quite discerning in who they issue a visa to. The middle of the road denial rate may be due to the local perception that one should not bother to apply unless clearly eligible.
https://www.thecleverfilipina.com/my...-denial-story/
"My experience with the US Embassy in Manila is bitter sweet. I applied for my US tourist visa, 5 times. Denied 4x before I finally got the “matamis na Oo (Sweet YES)” of the US Consulate."
Last edited by crg; Jan 21st 2018 at 5:33 pm.
#23
Re: Temporary family nanny from abroad
There is no harm in her applying for the B-2. If she gets it, great. If not, then no harm, no foul.
If successful, she comes to the US and she visits with her family. As the host, it is customary for the host to pay for their accommodations and food, so no money, outside of what financial obligations the host has for his invited guest, is exchanged or paid.
If the guest is agreeable to taking the kids to the pool over the summer visit and to the park or just sitting about watching cartoons, this, too, is within the normal sphere of what a guest would do while visiting and staying at your home. If you give her money to pay for lunch for herself and kids while they are out, that's normal as well isn't it.
What you can't do is give her a salary for childcare. That is unlawful.
I was visiting my daughter in NY last week. She cooked dinners and breakfast and paid for the food herself. She offered to reimburse me for taking my granddaughter to the movies or out for lunch while I was there. I spent her working hours with my granddaughter and it was not considered childcare but what occurs between grandmother and grandchild. Would not the same be said of a cousin involved in the lives of her American cousins while visiting in their home.
The visit is for a limited timeframe and should be classified only as a family visit. I'm sure that the niece-in-law will be touring parts of the country on her own without the kids or their parents in tow.
If successful, she comes to the US and she visits with her family. As the host, it is customary for the host to pay for their accommodations and food, so no money, outside of what financial obligations the host has for his invited guest, is exchanged or paid.
If the guest is agreeable to taking the kids to the pool over the summer visit and to the park or just sitting about watching cartoons, this, too, is within the normal sphere of what a guest would do while visiting and staying at your home. If you give her money to pay for lunch for herself and kids while they are out, that's normal as well isn't it.
What you can't do is give her a salary for childcare. That is unlawful.
I was visiting my daughter in NY last week. She cooked dinners and breakfast and paid for the food herself. She offered to reimburse me for taking my granddaughter to the movies or out for lunch while I was there. I spent her working hours with my granddaughter and it was not considered childcare but what occurs between grandmother and grandchild. Would not the same be said of a cousin involved in the lives of her American cousins while visiting in their home.
The visit is for a limited timeframe and should be classified only as a family visit. I'm sure that the niece-in-law will be touring parts of the country on her own without the kids or their parents in tow.
Last edited by Rete; Jan 21st 2018 at 5:49 pm.
#24
Re: Temporary family nanny from abroad
There are 80+ million Filipinos and it's a relatively impoverished country. They may or may not get the visa.
In my experience, Manila is quite discerning in who they issue a visa to. The middle of the road denial rate may be due to the local perception that one should not bother to apply unless clearly eligible.
https://www.thecleverfilipina.com/my...-denial-story/
"My experience with the US Embassy in Manila is bitter sweet. I applied for my US tourist visa, 5 times. Denied 4x before I finally got the “matamis na Oo (Sweet YES)” of the US Consulate."
In my experience, Manila is quite discerning in who they issue a visa to. The middle of the road denial rate may be due to the local perception that one should not bother to apply unless clearly eligible.
https://www.thecleverfilipina.com/my...-denial-story/
"My experience with the US Embassy in Manila is bitter sweet. I applied for my US tourist visa, 5 times. Denied 4x before I finally got the “matamis na Oo (Sweet YES)” of the US Consulate."
Additionally, in this case, the possible applicant is reported to be well educated, with a degree and therefore unlikely to be interested in long term work as a domestic servant or cleaner, or other casual employment of the sort that visa overstays/illegal immigrants stereotypically seek out.
Last edited by Pulaski; Jan 21st 2018 at 5:49 pm.
#25
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Location: Temecula, CA
Posts: 4,759
Re: Temporary family nanny from abroad
Wow. To address some points:
- She has no ties to the Philippines beyond a job that I can think is a tie rather than a whim. Not helpful.
- My mention of working was because I assumed she would have to be. Englishmum's post reminded me of long term nanny visas (H2B I think) but this is a 4-6 week visit. Rete's reply about what you can do on a B2 would work for us, if (not doubting her, just want to be squeaky clean) that is all true (taking kids to the park, small expenses, food etc).
- My very anecdotal observations of a handful of people who I know overstayed is that parents are more overstayers than young adults. Probably not representative though one of the reasons behind make sense: parents are probably retired and quite happy looking after their grandkids.
- She would be with us nearly all the time.
- The kids went to my mum's in the UK last year. It was for a month but by the time the parents were entertained for a week here, then I had to go the UK to pick them up, we didn't have much time as a couple in the end!
- My son is autistic and can't have a regular babysitter. He's 10yo and has never had a sleepover, bar one when he was brought home at 2am because the parents couldn't cope. We can't afford summer camp, though there are a tiny handful that *might* take him (even the special needs camps can and do reject potential campers if they feel they won't be a good fit), and might be able to secure some financial assistance.
- We get some respite care every month from Regional Centers. I shouldn't look a gift horse in the mouth but some of the people the agency send only seem qualified to drive a phone while slouched on our couch - the good ones are, of course, in high demand.
Thanks.
- She has no ties to the Philippines beyond a job that I can think is a tie rather than a whim. Not helpful.
- My mention of working was because I assumed she would have to be. Englishmum's post reminded me of long term nanny visas (H2B I think) but this is a 4-6 week visit. Rete's reply about what you can do on a B2 would work for us, if (not doubting her, just want to be squeaky clean) that is all true (taking kids to the park, small expenses, food etc).
- My very anecdotal observations of a handful of people who I know overstayed is that parents are more overstayers than young adults. Probably not representative though one of the reasons behind make sense: parents are probably retired and quite happy looking after their grandkids.
- She would be with us nearly all the time.
- The kids went to my mum's in the UK last year. It was for a month but by the time the parents were entertained for a week here, then I had to go the UK to pick them up, we didn't have much time as a couple in the end!
- My son is autistic and can't have a regular babysitter. He's 10yo and has never had a sleepover, bar one when he was brought home at 2am because the parents couldn't cope. We can't afford summer camp, though there are a tiny handful that *might* take him (even the special needs camps can and do reject potential campers if they feel they won't be a good fit), and might be able to secure some financial assistance.
- We get some respite care every month from Regional Centers. I shouldn't look a gift horse in the mouth but some of the people the agency send only seem qualified to drive a phone while slouched on our couch - the good ones are, of course, in high demand.
Thanks.
#27
Re: Temporary family nanny from abroad
Hi GeoffM,
I, for one, was confused because it sounded to me like you specifically wanted to employ her, which requires a work visa. If she's just coming over to see the family, that's not employment, that's just a B-2 visa. Can't predict her chances of getting one, but for sure zero if she doesn't apply.
Rene
I, for one, was confused because it sounded to me like you specifically wanted to employ her, which requires a work visa. If she's just coming over to see the family, that's not employment, that's just a B-2 visa. Can't predict her chances of getting one, but for sure zero if she doesn't apply.
Rene
#28
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Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
Re: Temporary family nanny from abroad
That sounds like work, but then she wouldn't have responsibility for the kids (I'm in the house, still preparing their lunch and able to step in if DS has a meltdown), so I don't know! Opinions welcomed.
The situation didn't arise when the outlaws visited as I shifted my working hours to when they were in bed, or to weekends if my wife was off. But my work suffered so I don't want to do that in the future.
#29
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Joined: Mar 2004
Posts: 2
Re: Temporary family nanny from abroad
Well... I guess I'm unsure where the line is drawn between helping out and actually "working"! About 2-3 days a week depending on the wife's rota during the summer the kids will be off school with the need for supervision. I work from home so I'm here anyway, just not directly entertaining them. So she would be keeping an eye on them and hopefully suggesting games/activities.
That sounds like work, but then she wouldn't have responsibility for the kids (I'm in the house, still preparing their lunch and able to step in if DS has a meltdown), so I don't know! Opinions welcomed.
The situation didn't arise when the outlaws visited as I shifted my working hours to when they were in bed, or to weekends if my wife was off. But my work suffered so I don't want to do that in the future.
That sounds like work, but then she wouldn't have responsibility for the kids (I'm in the house, still preparing their lunch and able to step in if DS has a meltdown), so I don't know! Opinions welcomed.
The situation didn't arise when the outlaws visited as I shifted my working hours to when they were in bed, or to weekends if my wife was off. But my work suffered so I don't want to do that in the future.
Very generous of her to spend all that money and time to fly over and do it btw.
#30
Re: Temporary family nanny from abroad
Well... I guess I'm unsure where the line is drawn between helping out and actually "working"! About 2-3 days a week depending on the wife's rota during the summer the kids will be off school with the need for supervision. I work from home so I'm here anyway, just not directly entertaining them. So she would be keeping an eye on them and hopefully suggesting games/activities.
That sounds like work, but then she wouldn't have responsibility for the kids (I'm in the house, still preparing their lunch and able to step in if DS has a meltdown), so I don't know! Opinions welcomed.
The situation didn't arise when the outlaws visited as I shifted my working hours to when they were in bed, or to weekends if my wife was off. But my work suffered so I don't want to do that in the future.
That sounds like work, but then she wouldn't have responsibility for the kids (I'm in the house, still preparing their lunch and able to step in if DS has a meltdown), so I don't know! Opinions welcomed.
The situation didn't arise when the outlaws visited as I shifted my working hours to when they were in bed, or to weekends if my wife was off. But my work suffered so I don't want to do that in the future.
This would be true irrespective of whether you even have children, and again is typical for people visiting family. None of that is work, and just because you provide food for her, and a bed, or lend her a car, or take her with you for meals out or visits to nearby national parks, doesn't mean you have "paid" her. ..... Or at least if it does I am screwed, because most of that describes what happened when my mother came to visit! .... Apart from the bit about lending her a car! My mother can't drive.
If you really want to dress up the situation to make it look like you have hired her and she is working for you, then it is certainly possible, but nothing you have said makes what you are proposing is any different from what tens of thousands of people do every year in the US - relatives visit the US and come to stay, and spending a significant amount of time with their young relatives, not always in the presence of the children's parents, and that is not of any concern to either the USCIS nor the IRS!
Are you really that socially ignorant, or were you raised in a orphanage staffed by cyborgs?
Last edited by Pulaski; Jan 22nd 2018 at 11:56 pm.