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villaneve

Need Advice: My sister wants me to help look after her child, what are the chances of me getting approved?

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Posted

Hi, so I don’t really know where to put this so I guess I’ll just post this here in this section.

 

My sister is a permanent resident and has been living in the US with her husband since 2015 (her husband is a dual citizen: Filipino-American), and recently, she asked me to try applying for a US visa again because they needed help looking after their kid (she’s 1 year old). I knew the chance of me being approved is slim because 1. I’m single, and 2. I live with my Dad. I still live with my Dad because I’m the only one who can look after him and our house, and although he’s not bed ridden and is still somewhat healthy, he doesn’t work anymore so I pay for everything around the house (utility bills, grocery, his maintenance medicines, everything). I think these two were the reasons why I was turned down the first time (I applied for a Tourist Visa because I really wanted to go to NY to watch a Broadway musical and spend my birthday there)

 

I do have a job. I have been an offshore employee for 9 years now working for the same client (client is based in Miami, FL). I don’t know if that will work on my favor or not, but I think my client is willing to give me employment certificate if need be.

 

Tbh I don’t really want to live in the US if i have a choice, but I would help my sister in a heartbeat if she needs me. I also don’t need to rely on them financially because I have a stable job myself and my work schedule is flexible and, quite frankly, I do love my working situation right now. Even if I am fortunate enough to get approved, I can still keep my job while helping my sister and her husband look after their kid while they’re at work, or at least for a couple of weeks, you know. (I know they could just hire a baby sitter but there’s really nothing better than having your own family member look after your family, plus you don’t have to pay them)

 

Besides, like I said, my Dad needs me here at home because there’s no one else who can look after him and our home. My brother lives about 45 minutes away from us but he has his own family to feed so I don’t really ask him for anything financially.

 

I have travelled twice before: in Italy about 20 years ago (I was part of the dance group where we represented our country in a competition), and in Hong Kong in 2015 for 4 days to watch a concert with friends.

 

I already know this might not work again, but I just want to make sure before I spend another $160 for the visa application. Any advice is highly appreciated. Thanks!

Filed: AOS (apr) Country: Philippines
Timeline
Posted
2 minutes ago, villaneve said:

Hi, so I don’t really know where to put this so I guess I’ll just post this here in this section.

 

My sister is a permanent resident and has been living in the US with her husband since 2015 (her husband is a dual citizen: Filipino-American), and recently, she asked me to try applying for a US visa again because they needed help looking after their kid (she’s 1 year old). I knew the chance of me being approved is slim because 1. I’m single, and 2. I live with my Dad. I still live with my Dad because I’m the only one who can look after him and our house, and although he’s not bed ridden and is still somewhat healthy, he doesn’t work anymore so I pay for everything around the house (utility bills, grocery, his maintenance medicines, everything). I think these two were the reasons why I was turned down the first time (I applied for a Tourist Visa because I really wanted to go to NY to watch a Broadway musical and spend my birthday there)

 

I do have a job. I have been an offshore employee for 9 years now working for the same client (client is based in Miami, FL). I don’t know if that will work on my favor or not, but I think my client is willing to give me employment certificate if need be.

 

Tbh I don’t really want to live in the US if i have a choice, but I would help my sister in a heartbeat if she needs me. I also don’t need to rely on them financially because I have a stable job myself and my work schedule is flexible and, quite frankly, I do love my working situation right now. Even if I am fortunate enough to get approved, I can still keep my job while helping my sister and her husband look after their kid while they’re at work, or at least for a couple of weeks, you know. (I know they could just hire a baby sitter but there’s really nothing better than having your own family member look after your family, plus you don’t have to pay them)

 

Besides, like I said, my Dad needs me here at home because there’s no one else who can look after him and our home. My brother lives about 45 minutes away from us but he has his own family to feed so I don’t really ask him for anything financially.

 

I have travelled twice before: in Italy about 20 years ago (I was part of the dance group where we represented our country in a competition), and in Hong Kong in 2015 for 4 days to watch a concert with friends.

 

I already know this might not work again, but I just want to make sure before I spend another $160 for the visa application. Any advice is highly appreciated. Thanks!

If nothing has changed from the last application,  expect the same result.   An invitation from a US based person to come and care for a child will be a big negative 

YMMV

Filed: Country: Vietnam (no flag)
Timeline
Posted

You can not use a visitor visa to come to the US to provide child care.  The US considers child care as work.  Work is not allowed on a tourist visa.

 

Having a Miami based employer does not help you.

 

If your situation has not changed since the last denial, you can expect the same result.

 

Sorry.

Posted

Thanks, everyone. I already know the chance is slim. Which is why I’m not making a move towards processing it right away. It just sucks that I can’t help her this time and all the baby sitting I can do is via FaceTime. Still, it was worth asking. Thank you.

Posted
11 minutes ago, aaron2020 said:

You can not use a visitor visa to come to the US to provide child care.  The US considers child care as work.  Work is not allowed on a tourist visa.

 

Having a Miami based employer does not help you.

 

If your situation has not changed since the last denial, you can expect the same result.

 

Sorry.

If, for example, in the future, will it be to my advantage or disadvantage that I am an offshore employee of a Miami-based client if I, say, applied for a tourist visa? This has been bugging me since but idk the answer.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Disadvantage.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
4 minutes ago, Boiler said:

Disadvantage.

You mean because I technically work for them and I have the wrong type of visa? Even if I’m going on an actual vacation (like, say, watch musicals on Broadway), and I’m on leave and don’t have to work during my stay? Man, that sucks.

 

Does that mean the invitation has to come from them or something?

Posted (edited)
9 minutes ago, villaneve said:

If, for example, in the future, will it be to my advantage or disadvantage that I am an offshore employee of a Miami-based client if I, say, applied for a tourist visa? This has been bugging me since but idk the answer.

Disadvantage. 

 

When looking at immigration, you have to look at it in a way the officer's do. Having a US based job is a disadvantage because you can easily "set up shop" in the US if you decide to use a visitor visa to immigrate here. This is why we always say it is better for people who apply for such visa have strong ties to their country, not the US. By your own admission, you have a job where could locate to the US and continue to have AND you have a sister that can possibly provide your with room and board until you get on your feet. As you can see, you are a high risk of abusing the terms of the visitor visa by either working or living in the US. 

 

Edited to add: Another way to look at it is... the easier it is for you to leave your country and move to the US (example: job and relatives in the US), the harder it is for you to obtain a visitor visa.

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
8 minutes ago, villaneve said:

You mean because I technically work for them and I have the wrong type of visa? Even if I’m going on an actual vacation (like, say, watch musicals on Broadway), and I’m on leave and don’t have to work during my stay? Man, that sucks.

 

Does that mean the invitation has to come from them or something?

No invitations for tourist visas. Having a US-based employer means you're more likely to try to use the wrong kind of visa to come work in the US.

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Well we have an attempt here to want to work in the US on a Tourist Visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
10 minutes ago, villaneve said:

Does that mean the invitation has to come from them or something?

There are no invitations for visitor visas to the US. It is a huge foreigners myth. We hear it all the time but it is 100% false.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

*** Moved to the "Tourist Visa" section of the forum as OP is inquiring about visiting the US.

 

VJ Moderation

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
11 minutes ago, Unlockable said:

Disadvantage. 

 

When looking at immigration, you have to look at it in a way the officer's do. Having a US based job is a disadvantage because you can easily "set up shop" in the US if you decide to use a visitor visa to immigrate here. This is why we always say it is better for people who apply for such visa have strong ties to their country, not the US. By your own admission, you have a job where could locate to the US and continue to have AND you have a sister that can possibly provide your with room and board until you get on your feet. As you can see, you are a high risk of abusing the terms of the visitor visa by either working or living in the US. 

 

Edited to add: Another way to look at it is... the easier it is for you to leave your country and move to the US (example: job and relatives in the US), the harder it is for you to obtain a visitor visa.

I see. That makes sense. It sucks because I really don’t plan to emigrate there because I really love the freedom I have right now with my working environment and setup, but didn’t think about that until now. Thanks!

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
2 minutes ago, villaneve said:

I see. That makes sense. It sucks because I really don’t plan to emigrate there because I really love the freedom I have right now with my working environment and setup, but didn’t think about that until now. Thanks!

The issue isn't necessarily you immigrating, it's doing work (something someone would be paid for - like child care) on a tourist visa.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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