How to bring our nanny on a visit to the US

[inquisitive]

I'm asking this way in advance since I think that I may need to lay lots of groundwork for US Immigration before actually applying. I'm American with a Thai wife and 3 luk kreung children ages 3-6. The kids all have American passports but my wife does not. She is still running on a 10 year multiple entry visa for the US. My wife and son have all been over to the US a couple of times together with no problems.

In another year or two we'll want to go back again, this time adding my two daughters to the crew. I'd really like to bring the nanny along as well (for obvious reasons) but I don't know how successful we'll be regarding a visa for the live-in nanny.

The nanny has been with us for 3 years now, and she receives a monthly cash salary. She'd be delighted to make the trip without pay just as part of our family (ie. not as a worker, but I'm sure that immigration would not see it that way at all.

So my question is what type of visa should we have the nanny apply for, and what kind of documentation would she need?

I am wondering if we should start to pay her "on the books " starting now. I'm also wondering whether there is a critical age for the children where nannies are more easily accepted.

Does anyone have any advice or experience with this?

[Thanyaburi Mac]

Are you relocating back to the U.S. to live there? Or is this U.S. trip only a vacation, then returning to Thailand?

Two scenarios for visas involved here depending on your trip.

Mac

[inquisitive]

Hi Mac. Thanks for your help. My guess is that I might do both. I'm thinking that we'll first go back for an extended vacation to take our time and look around. Then if we find a place we'd like to call home, we'd come back to Thailand for another 6 months or so and prepare for the big move.

[VMOMMO]

It will be very difficult to do this unless your Nanny has strong ties to where she is living now. For her to get a visa her application is looked at independantly to yours. The US starts with the assumption that her plan is to get in and overstay, so her application must show good reasons why she will return home. Having children and strong ties to her existing community, owning land, motorbike, having savings, her employment dependent on her being in Thailand are all such things. If she is not Thai (ie Burmese or Lao) there is no way she will get a visa as this will show she has already been willing to leave home and therefore doesn't have the strong ties necessary to get her to return home. Also if you want to bring her to work as a nanny she may need something other than a tourist visa and you will have to pay her US minimum wage.

You will get no advice or help from the US Embassy. If you have questions you will need to find an immigration lawyer in the US.

Canada is much easier to deal with re: nannies so if you really need the nanny you could consider having your US relatives join you there.

[Old Croc]

http://bangkok.usembassy.gov/niv_visa_classification.html

Visa B-1 would apply.

[ToddinChonburi]

I know they will not allow her as part of the family and far as working for you it does not look good. Just trying to get a long time girlfriend to US to visit is hard. You would be showing that she will be working for you and no need to return. you have already said that you are her employer. She has no job or boss to verify she has a job here waiting for her when she gets back.

Please keep us up to date on how things go.

[NanLaew]

Hi Mac. Thanks for your help. My guess is that I might do both. I'm thinking that we'll first go back for an extended vacation to take our time and look around. Then if we find a place we'd like to call home, we'd come back to Thailand for another 6 months or so and prepare for the big move.

I would focus solely on the FIRST visit visa criteria ie. family vacation. I think that mentioning any long term relocation plan in this first application would possibly cloud that application. Maybe the standard B1 would best fit this first 'vacation' visit. If after your return to Thailand, you do go ahead with the plan to relocate back to the US with the Thai nanny, then a different type of visa will be required. Already having a B1 that was used correctly would possibly be a bonus in this regard.

[vaultdweller0013]

As Old Croc said, this would require a B-1 visa for the nanny. The specifics can be found at http://www.ustraveldocs.com/th/th-niv-typedomesticemployee.asp

Pretty much all of your questions are answered there.

[Tony125]

http://bangkok.usembassy.gov/niv_visa_classification.html ------ explains how to bring nanny to USA B-1 Visa

• B-1: For personal/domestic employees of B, E, F, H, I, J, L, O, P, and Q visa holders and U.S. citizens temporarily assigned to the United States.

• " For information on bringing your domestic employee to the U.S. for U.S. citizens, please click here. "

[inquisitive]

Wow. Thank you all for the great information.

[Thanyaburi Mac]

OK, this trip a go & return to Thailand run, perhaps 3-6 months.

The B-1 visa classification might work for this short-term trip:

http://www.ustraveldocs.com/th/th-niv-typedomesticemployee.asp#AccompanyingaU.S.Citizen

“Accompanying a U.S. Citizen

If you are a domestic employee and wish to accompany or join your U.S.-citizen employer in the United States then may be eligible for the B-1 visa classification if your U.S.-citizen employer ordinarily resides outside the United States and is traveling to the United States temporarily, ...”

To use this provision, you’d probably have to prepare a personal services contract with her stating that you’ll be covering all costs, including travel and medical insurance, and paying the U.S. minimum wage for the duration of the trip.

As part of her package, you should include a letter showing your status here in Thailand and your prospects of returning here. Job? Retired? If this is noted in your passport, she should take your passport to the interview. Need to emphasize the TEMPORARY nature of this U.S. visit and your intent to return to Thailand.

There’s some hits for a Google on: u.s. maid visa

Here’s just one: http://www.immihelp.com/business-visa/domestic-employee-visa/

Hmmmm, I wonder if this will really work? It might, but....

Mac

[smotherb]

http://bangkok.usembassy.gov/niv_visa_classification.html

Visa B-1 would apply.

Gee, Old Croc, who would have thought? What a novel concept, find an offical website to address the issue instead of listening to a bunch of farang forum forecasters. Thank you for your good judgement.

OP, take heed here, and see an attached link, http://www.ustraveldocs.com/th/th-niv-typedomesticemployee.asp. If you can qualify and do indeed go to the US for a specified period of time and do return to Thailand with your nanny--whether or not you find a place to stay in the US to which you will return or not--you will have fulfilled the requirement to return to Thailand and not have violated inmigration regulations. Seems like a win-win. What you do later when and if you return to the US is a different issue.

[ggt]

You will likely be required to pay US nanny wages when living in the US...

According to the INA's 2012 Salary and Benefits Survey, the national average gross weekly salary for a full-time live-out nanny is $705 and the national average gross weekly salary for a full-time live-in nanny is $652.

https://www.care.com/a/what-does-a-live-in-nanny-cost-1306280253

[NickJ]

Your dreaming.....You will never get her into the USA.......Do you know how many peoplehave tried this???? Even if you got her there the ramifications of it going south are huge....You are best off figuring out how to hire an Opare from Sweeden or Denmark....as they have already been allowed i to the country.....They are there on mass.......spend some time researching it....

could ruin your life though as a boatload of them are smoking killer beautiful.......

[RT555]

lazy people.

[inquisitive]

Interesting comment, RT255. Totally ignorant of course. Whether the people that you refer to are lazy or not would entirety depend on things that you know nothing about. Let's just say that you were referring to the nanny in your comment. How would you know if she was lazy? If you meant the employer, again I would ask how you'd know. For instance, maybe the employer is wheelchair bound from an accident that occurred during the night shift of his second job while he was working on his online degree during his one break that night. Would you describe him as lazy?

Your comment should embarrass you. Unless, of course, you are brain damaged or have some similar affliction. I wish you the best of luck with your condition, but ask you to please participate in some other activity instead of annoying people here. Thanks, buddy.