advice please

[mambocowboy 0]

Hello,

I am a US citizen married to and living with a Colombiana in the States since May 2012. We have one daughter, age 13 months, and are anticipating another child(my wife's pregnant) early 2015. We'd like to apply for a tourist visa for my wife's aunt who is about 50 years old and lives in Colombia in order to help us with child care for 6 months (that's the max for a tourist visa). While the aunt does have children and grandchildren in Colombia, she doesn't own property and isn't married. I'm worried she'll get denied for a tourist visa because they may suspect she wants to immigrate ( which isn't the case). At any rate, constructive advice/suggestions are appreciated.

[Boiler 46,121]

The main problem is that you want her to come and work, child care.

She could apply for a visa to visit, not work, but that is something she would do, not you.

[ricnally 259]

Oh boy, here we go again (this comes up a lot on VJ). It's not legal for her to come and help you with your child while on a tourist visa. If they ask her about it at POE and she tells them the truth, she'll be denied. If she lies, she'll be in trouble.

[RhettVoe 282]

Child care is work - which you already know because you found out how expensive it can be...now you might say 'gee, she's my relative...what's the big deal?'..but the big deal is somebody entering the US with a B2 visa cannot perform work of any kind....and clearly that is what you want her to do...it does not matter if you plan to pay her cash...she will be getting room and board...and, more importantly, engaging in an activity that a nanny (or something similar) would charge to do...now, you might next say...'oh, she just wants to see her new niece/nephew....'...but really...you know why you want her to come to the US....and the COs know it as well...if you think that this is unfair or is contrary to some human right (which one?), just do the following: write an invitation letter for her that outlines exactly what it is you want her to do....then see what happens at her visa interview....

[mambocowboy 0]

Sorry for the delay and thanks for the feedback. So how can she better her chances of getting a tourist visa? (My wife is really getting her hopes up)...

[Boiler 46,121]

Applying.

Not going to happen otherwise.

[Jawaree 718]

Its illegal for her to do childcare while here as a tourist, also not a great idea to stay 6 mths on a first

time visit at age 50, very questionable in the future (by CO) don't she got a job & responsibilities in

her home country, or is she rich, normal folks vacation say up to 6 wks then go home although one

is allowed to stay for 6 mths it can work against them.

She has to apply on her own, with good bank balance, good job, ties to her community & a convincing

demeanor & evidences to show CO... Do NOT send an invitation letter & don't plan on having her as a

sitter , ICE don't go around checking but at times these things are found out

Its illegal for her to do childcare while here as a tourist, also not a great idea to stay 6 mths on a first

time visit at age 50, very questionable in the future (by CO) don't she got a job & responsibilities in

her home country, or is she rich, normal folks vacation say up to 6 wks then go home although one

is allowed to stay for 6 mths it can work against them.

She has to apply on her own, with good bank balance, good job, ties to her community & a convincing

demeanor & evidences to show CO... Do NOT send an invitation letter & don't plan on having her as a

sitter , ICE don't go around checking but at times these things are found out

[aaron2020 11,651]

Hello,

I am a US citizen married to and living with a Colombiana in the States since May 2012. We have one daughter, age 13 months, and are anticipating another child(my wife's pregnant) early 2015. We'd like to apply for a tourist visa for my wife's aunt who is about 50 years old and lives in Colombia in order to help us with child care for 6 months (that's the max for a tourist visa). While the aunt does have children and grandchildren in Colombia, she doesn't own property and isn't married. I'm worried she'll get denied for a tourist visa because they may suspect she wants to immigrate ( which isn't the case). At any rate, constructive advice/suggestions are appreciated.

Hi,

The constructive advice is to save her money and not apply for a visa.

What you are proposing is illegal. It is illegal to provide child care even for a relative for free on a tourist visa.

There is no legal way for her to come here to provide child care,

Sorry.

Sorry for the delay and thanks for the feedback. So how can she better her chances of getting a tourist visa? (My wife is really getting her hopes up)...

Why is your wife getting her hopes up when you have already been advised that it is illegal to provide child care on a tourist visa?

[mambocowboy 0]

Hi,

The constructive advice is to save her money and not apply for a visa.

What you are proposing is illegal. It is illegal to provide child care even for a relative for free on a tourist visa.

There is no legal way for her to come here to provide child care,

Sorry.

Why is your wife getting her hopes up when you have already been advised that it is illegal to provide child care on a tourist visa?

she's getting her hopes up because other Colombianas who live in the States are telling her I should send an invitation letter, etc. It is illegal which is a great reason not to do it, but it's also amazing that you can't get a family member to help with child care. It's not just about saving money. I mean, who wouldn't want a close family member taking care of their kids instead of a stranger?....

[Boiler 46,121]

Then just write the letter inviting her over to look after you child.

You will have done your bit.

[mambocowboy 0]

been reading some of the old threads on this topic. Looks like neither tourist visa or work visa are possible, correct?

[Boiler 46,121]

If she can get a tourist visa then she can visit.

Theoretically it is not impossible to get a work visa, but consult your Lawyer.

[Dohan 133]

Oh boy, here we go again (this comes up a lot on VJ). It's not legal for her to come and help you with your child while on a tourist visa. If they ask her about it at POE and she tells them the truth, she'll be denied. If she lies, she'll be in trouble.

You're totally right, may I just ask what are people supposed to do in this situation? Is a grandmother not allowed to spend time with her grandchild? At what point does it become childcare? I'm genuinely curious because I know this will be an issue for me in the future.

[Boiler 46,121]

OP was asking about childcare for 6 months.

Nice thing about being a grandparent is you get to hand them back.

[dwheels76 5,469]

You're totally right, may I just ask what are people supposed to do in this situation? Is a grandmother not allowed to spend time with her grandchild? At what point does it become childcare? I'm genuinely curious because I know this will be an issue for me in the future.

Well I will lay it out what happened with me. Even though I am a US citizen and live here and all. Back in 2008 my daughter asked me to give up my life and job in Omaha to move to Houston and help her with her babies (she just had twins and also had two toddlers under 3). So I resigned and moved.

Many will say well you the grandma no big deal. No money exchanged hands. But I lived with her and her husband and wanted for nothing.

Now switch it to what if I was a foreigner same scenario. I am coming to see my babies but son in law and daughter are working I am home in heaven taking care of my angels. It's not about your motives to help a family member. It's about Me doing in house "daycare". I have taken away from some childcare center, babysitter something. It's basically shipping in labor.

Now sure grandma/auntie can come visit babysit now and then, But it should not be a "service" And no money, room and board. It's not like you can't go out or things happen. But planning to come for 6 months to do what you know is work (I am sorry childcare in any form, whether in a center, house or home, is work people.