GeoffM

Most, most likely. I don't intend doing anything that raises red flags to the IRS, let alone illegal.

Photo, well, probably laws against that too! Suffice to say my choice was actually less pretty than the wife's choice, bizarrely. Clearly yet to learn the rule of always finding someone less pretty than yourself. And my choice may well have passed the elbow/wall test , not that that particular feature is something too appealing to me.

scrubbedexpat099

So no Paz Vega?

GeoffM

<Googles> Not bad. Mind you, apparently 5yo DS did say "she's more sexy [than the previous candidate]". Goodness knows where he got that from, certainly not me.

scrubbedexpat099

Of course not....................

GeoffM

You mean you call your wife sexy after you married her?!

Speedwell

I was just corresponding with a prospective marriage-based immigrant who worked as a nanny "under the table" for a prominent US family, in the US. She knows her status was questionable and is ready to deal with that, but now she is faced with putting down her employment and residence on the immigration forms, and she can't lie. So now the family will get named, and it can't be helped. I personally wouldn't want to cause myself the hassle of being questioned about my employment of an undocumented housekeeper or nanny if they later seek proper status. Similarly I wouldn't want to get in trouble for not arranging taxes and liability insurance properly if the employee later wants to, say, file for unemployment.

scrubbedexpat099

If she is undocumented she can not file for unemployment.

I have seen plenty of cases where the prior employer has provided actual assistance in obtaining documentation, for whatever reason I have never come across any consequences.

Speedwell

True. I meant to refer to a case where my helper was in legal status but I had not done the proper paperwork to hire or pay them.

Good to know that.

GeoffM

We've done the verification thing, she's all-American born and bred (and legal to work, the relevant bit).

Yes, even though the contract may well have said "contractor" and not "employee" it is apparently the substance of the contract that is taken into account, not the words used. So she would be my employee no matter how the contract is worded because of the tests Penguinsix posted links to earlier. So I don't want to leave myself open to that coming back to haunt me!

MsElui

i actually have a childminder in my home.

I pay her and withold her ssn and medicare but i don't her withhold taxes at all. this was her choice and my accountant says its okay. i do have to pay ohio unemployment tax for her too.

Michael

You've never heard of Nannygate? Several of Clinton's appointees (one for Attorney General) were withdrawn when it was discovered that they either hired illegal aliens or didn't pay social security and medicare taxes for their household workers. Also several senators and congressmen have been accused of the same.

http://en.wikipedia.org/wiki/Nannygate

I think the rich and/or powerful think laws are made for other people just the like the ex French Minister in charge of cracking down on tax fraud was caught having a secret Swiss bank account.

http://news.yahoo.com/ex-french-mini...-business.html

GeoffM

A bit like the UK Border Agency hiring illegal workers.

GeoffM

We have an applicant says she has a temporary SSN which I thought was a bit odd. She arrived in the US a few months ago and married an American while in the US (not a spur of the moment thing!). I've yet to see any documentation but looking at the I-9 form I'm also not allowed to ask for it before offering a job! I'm also not allowed to ask about visas but I'm guessing from the description it would be a K-1 visa? And that they may or may not be employment-authorised depending on EAD or GC status?

I'm just confused on what I can ask to see if she hasn't received (for example) the physical green card, EAD card, or SSN card. For some reason I thought an employer could call some phone line to verify but I can't find details.

Trixie_b

be very careful, if she's an independent contractor, you can not dictate her hours. If you do, she can claim later that you are her employer. You have to complete a 1099 for anyone you pay more than $600 a year to for tax purposes.

If she were to have an accident at work, or anything else, you could still be on the hook for the expenses of it.

GeoffM

Gave up on that one - she wanted to be paid under the table basically.