joeythecat

Ok, Long story short, my girlfriend is a nanny and is in Canada as a live-in caregiver. She is not a permanent resident yet nor is she a citizen. Her employer wants to go on vacations to the United States and take her as the nanny for the 2 children. They had her apply for a B1/B2 visa with the United States. What I want to know is, is she alright working in the US with that visa? She is going for the interview next week and plans on telling them the truth as to why she is going and that she will be working (she would never lie). Also, if she is granted that visa, is he allowed to travel there without her employer?

Side question, does anyone know the process of getting a return visa from Canada? I read that she will have to have some sort of forms from Canada stating the date she is coming back ect, so that she won't get turned away when she tries to re-enter Canada.

I am a bit nervous about this because her employer seems to just be forcing her to apply fast as they want to travel, but I want to make 100% sure that we are going about this the proper way and that she will not be in any trouble or have any issues with her Canadian papers.

Thanks

sir_eccles

http://britishexpats.com/forum/us-im...usa-us-700169/

joeythecat

Thanks, I have read that whole thread. I'm not sure if it is too old. I think that now the application is for both b1 and b2, but in that thread it seems like they had to apply for one or another.

ian-mstm

She's applying for a US visa. Whether the visa is approved or denied, it will not, in any way, affect her ability to work in Canada!

I understand that you want to help her avoid any issues - but has she actually shown any reluctance to comply with her employer's wishes? If she has, then she - not you - should be the one asking the questions here.

Ian

joeythecat

There is no reluctance, we just want to make sure that she is going about the process the proper way. Nothing shady is happening, I just don't want her going through the process twice because she is potentially applying for the wrong visa

SanDiegogirl

What is her status in Canada? Is she there on a work visa? What is her nationality?

I'm asking as you seem to be concerned about her returning to Canada following the US trip.

Personally, having read the following website regarding taking domestic staff to the US, I'm not sure that the family qualifies for taking their nanny on B1/B2 visa - are the family travelling on a B visa too?


How Visitors to the U.S. Can Bring Domestic or Personal Servants | Nolo.com

joeythecat

She is in Canada on a live-in caregiver working visa, she has been here for over a year, her nationality is from Philippines. The family that she works for are all Canadian citizens.

joeythecat

just to make this clear, my major questions are

Has she applied for the correct visa, is it B1 or B2.

Will she need to apply for some sort of working visa because technically she will be working in the states.

If all goes well and she receives a visa of any sort, upon return to Canada what documents will she need to return into Canada?

ian-mstm

A B-2 visa is not sufficient. She needs either a B-1 or a combined B-1/B-2 visa. You've already noted that this is what she was told to apply for. Yes - it's the correct visa.


Please don't say "technically" when, in fact, you mean "actually". She will actually be working in the US... and she will be allowed to continue her nanny duties with a B-1 or B-1/B-2 combo visa.


She certainly doesn't need anything that US immigration has issued. She'll need whatever documentation she originally required to enter the US... usually a CDN visa in her Filipino passport.

Again - you seem more concerned about this than she is. Perhaps you need to speak to her about your concerns! You've already told her that you've been checking here about her visa situation, right?

Ian

joeythecat

thanks for breaking it down for me. I am posting here on her behalf, she knows exactly what I am posting as we are trying to figure this out together and make her feel better that she is taking the right steps to get the right visa.

bruceba

I used to rent out a cottage to Canadians who had a Philippine nanny. She had a B1/B2
visa.

joeythecat

Great, thanks for letting me know

Shirtback

To address the returning to Canada part of your query:

She'll need her valid caregiver permit, & a valid temporary resident permit (<- given that she's from the Philippines).

Apply for a new temporary resident visa from within Canada

crg

I agree that B1 is required and a B1/B2 would work. The consulate may opt to only grant the B1 or no visa at all if there are concerns that the nanny will immigrate. This is more likely to be of concern when the person has no permanent status in the country they are applying from and/or when the home country has a relatively low per capita income Consulates in Canada may not be able to assess ties to the Philippines.