Obtaining visitors visa for my nanny

[Robbo]

What is the name of your state? FL

I am a Canadian who has travelled to Florida to my parents vacation home on many occasions. We recently hired a live-in nanny and when we visit Florida this August, we wish to bring her along with us. She will help us with our children just as she does as home but it will also largely be a holiday for her as well since she will not have to perform many of the tasks she does at home. She has a Philippines passport and she started working for us about 8 months ago. Previously she worked in Hong Kong for about 6 years before we effectively sponsored her to come to work in Canada. For our trip, we will be driving into the US into Buffalo and flying to Florida from there. I will be attempting to get the visa from the US consulate in Toronto.


Therefore, my question is do I have any chance in getting her a visitors visa to visit the US? What can I do to improve her chances?
Thanks in advance for all responsesWhat is the name of your state?

 

[ImmigAttyLana]

Not much. In fact, she is most likely NOT going to get a visitor's visa since the purpose of her visit is NOT to visit the US but to WORK for your family while you are in the US. If you think about it, it is clearly AGAINST the rules for visitors and she is not eligible for the visitor's visa. She cannot be working for anyone in the US while a visitor and there is really no other reason to bring a nanny with you on a visit to the US other than to have her work for you while you are in the US.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Robbo]

Thanks ImmigAttyLana. I suspected that is probably the answer. That being said, is there anything we can do to improve her chances, however slim? What types of documents and/or eveidence will the consulate want to see in making their decision?

I understand that applicants for visitors visas are presumed to be attempting to enter the US to remain there and that in order to obtain a vistors visa, you must rebut this presumtotion by demonstrating that that you have the means and the intention of returning to your home country. Therefore, what types of things can I get her to demonstrate this? She doesn't own any real estate or significant assets in Canada, has no family in Canada all of which is working against her. She has bank accounts, a cell phone, friends and us, her employer are in Canada. What other eveidence should she bring??

 

[AHA]

Thanks ImmigAttyLana. I suspected that is probably the answer. That being said, is there anything we can do to improve her chances, however slim? What types of documents and/or eveidence will the consulate want to see in making their decision?

I understand that applicants for visitors visas are presumed to be attempting to enter the US to remain there and that in order to obtain a vistors visa, you must rebut this presumtotion by demonstrating that that you have the means and the intention of returning to your home country. Therefore, what types of things can I get her to demonstrate this? She doesn't own any real estate or significant assets in Canada, has no family in Canada all of which is working against her. She has bank accounts, a cell phone, friends and us, her employer are in Canada. What other eveidence should she bring??

The fact that she will be able to prove that she is leaving the US before her visitor visa expires is not the point. The fact that she will be working while in the US, is the problem.

 

[Robbo]

The fact that she will be able to prove that she is leaving the US before her visitor visa expires is not the point. The fact that she will be working while in the US, is the problem.

Does the fact that she might work in the US simply override everything else? i.e. she is a nanny travelling with her employer and therefore, it is assumed she will be working while in the US and therefore, since visitor's are prohibited from working in the US, she cannot visit the US.

Could she apply for a visitor's visa based on an argument that she will not be working while in the US but rather will be on vacaiton as well? Of course, my wife and I would then have to agree that we would not get to work for us while in the US and it would be strictly a vacation for her as well. Or would the consulate, for obvious reasons, doubt this since she is our nanny and is travelling with us and therefore, will be assumed to be working while in the US

 

[ImmigAttyLana]

If it's really a vacation for her and she will not be "working" for you while you are in the US, then why does she really need to go to the US with you? She can just remain in Canada and enjoy her "vacation," if that is really what it is.

There is no good logical reason for taking a nanny with you on vacation since while it may be a vacation for YOU, the fact that she has to accompany you is NOT a vacation for her and she is expected to work. That is fairly clear to the consular officer and I don't see how you can overcome that unless she applies in her own right and does not mention you going to the US as well. That would be a misrepresentation, of course, since the clear purpose of her application for the visitor's visa is to be able to go to the US with you to help you with the children while you are on your vacation.

 

[AHA]

Does the fact that she might work in the US simply override everything else?

Of course, it's illegal!

i.e. she is a nanny travelling with her employer and therefore, it is assumed she will be working while in the US.

Why else would an employer bring a household employee with them?

Could she apply for a visitor's visa based on an argument that she will not be working while in the US but rather will be on vacaiton as well? Of course, my wife and I would then have to agree that we would not get to work for us while in the US and it would be strictly a vacation for her as well. Or would the consulate, for obvious reasons, doubt this since she is our nanny and is travelling with us and therefore, will be assumed to be working while in the US

Are you bringing your gardener, cleaning lady etc, as well? You have stated that she WILL be working to some degree on YOUR vacation, so the "argument" is moot. If you want her to have a vacation, let her spend time away from her job and employer.

 

[Robbo]

Are you bringing your gardener, cleaning lady etc, as well? You have stated that she WILL be working to some degree on YOUR vacation, so the "argument" is moot. If you want her to have a vacation, let her spend time away from her job and employer.

I understand your comments and I would be saying the same thing, however, she is just as excited as my daughters about visiting Florida and Walt Disney World. In fact, she is probably more excited as my daughters have both visited many times already. Nevertheless, I understand that the consular officer will assume she is going to work for us while down there in any event. Therefore, she probably have the "vacation" on her own in Canada that you refer to although if you were to ask her (and we have), she would prefer to travel to the US with us.

 

[Fl_renter]

OF course she would like to go with you, a paid "vacation" to Disney?! In any case, I would have loved to have gotten paid to tote my siblings around the amusement park when I was younger, even if that meant not being free to do exactly what I wanted during the time I was there.

If you NEED a nanny, why not use a service while you are in Fl? Better yet, why not use your family vacation to *gasp* spend time with your family!

 

[Lexxi2006]

Geez, can't you and your wife take care of your kids without help for five minutes? What about the nanny, doesn't she need a vacation too? and since she will be working on this vacation, do you plan to purchase her ticket or does she have to spend her own cash?

 

[jamier]

why be so snide?

Lexxi2006, this person is hoping to bring his nanny to Disneyworld with him, both for his sake and hers. Seems reasonable to me. Why are you giving him such grief? Clearly, she would be excited about it and I'm sure his kids would be happier to be with her than with some nanny service that he might be able to contract with in Florida. Whether it's legal and doable is another matter, but what's so wrong with trying to do that?

And to FL_renter, who wrote, "Better yet, why not use your family vacation to *gasp* spend time with your family!", why be so judgmental about how this person elects to spend his vacation? Who are you to condemn him for taking a nanny on vacation?

Why are people so gratuitously snide on the internet?

Free advice, sure, but who needs it?

 

[Fl_renter]

Lexxi2006, this person is hoping to bring his nanny to Disneyworld with him, both for his sake and hers. Seems reasonable to me. Why are you giving him such grief? Clearly, she would be excited about it and I'm sure his kids would be happier to be with her than with some nanny service that he might be able to contract with in Florida. Whether it's legal and doable is another matter, but what's so wrong with trying to do that?

And to FL_renter, who wrote, "Better yet, why not use your family vacation to *gasp* spend time with your family!", why be so judgmental about how this person elects to spend his vacation? Who are you to condemn him for taking a nanny on vacation?

Why are people so gratuitously snide on the internet?

Free advice, sure, but who needs it?

If you don't need it, don't come here looking for it!

Are you the OP? You seem to be pretty protective of them. Why do people need Nanny's 24/7... because they can't take care of their own kids.

 

[Robbo]

If you don't need it, don't come here looking for it!

Are you the OP? You seem to be pretty protective of them. Why do people need Nanny's 24/7... because they can't take care of their own kids.

Well, where should I begin. I came on to this site to get advice for obtaining a visitor's visa and I seem to be receiving a lot of advice on how to raise my children. When you say "If you don't need it, don't come here looking for it!" Please reread my original post and see what advice I was seeking.

My children are well adjusted, well behaved children. My wife and I spend a lot of time with them and we are a very loving family. My wife and I do like to spend time with one another and this only happens very rarely and we hoped that while on vacation we might have our nanny watch them while we had one or two dinners alone. Obviously many here do not approve of this. Oh well. Also, while at home our nanny only works until dinner time when she sits down to dinner with us and then is on her own time after that. I would like to know what kind of a person you are to even suggest someone work 24/7!

 

[Robbo]

Lexxi2006, this person is hoping to bring his nanny to Disneyworld with him, both for his sake and hers. Seems reasonable to me. Why are you giving him such grief? Clearly, she would be excited about it and I'm sure his kids would be happier to be with her than with some nanny service that he might be able to contract with in Florida. Whether it's legal and doable is another matter, but what's so wrong with trying to do that?

And to FL_renter, who wrote, "Better yet, why not use your family vacation to *gasp* spend time with your family!", why be so judgmental about how this person elects to spend his vacation? Who are you to condemn him for taking a nanny on vacation?

Why are people so gratuitously snide on the internet?

Free advice, sure, but who needs it?

Thank you for your comments jamier. You basically hit the nail on the head. Our kids have really beome attached to her and she has become attached to them. We spend a lot of time together as a family and for some of those posting *gasp* I would venture to guess we probably spend more time together then some of you!

It's amazing how people assume things. One of the reasons our nanny said she chose this profession is that she wanted to travel to new countries and see some of the world. She couldn't afford to do it otherwise so she has done some travelling through becoming a nanny. We thought we would help her out by bringing her with us to Florida (and she would help us out by babysitting a few nights). And we are paying for all her expenses including the Disney tickets. She was very excited to come along. I have already booked her flight and it looks like that will be lost

Anyway, back to my original post and my seeking advice for obtaining a visitors visa.

 

[evcalyptos]

I DO think a B visa is the appropriate choice for the nanny.

See this attorney's comments in two different threads on the topic (stick with the 'gay' one.. your answer is in there, further on)
http://britishexpats.com/forum/showthread.php?p=4286326&

http://britishexpats.com/forum/showthread.php?p=3670409