Receiving maternity salary after moving to the US on K1

[jakejon 1,196]

8 minutes ago, USS_Voyager said:

 

Great idea! God forbids, if something happens to the marriage and she needs to return to Serbia (Please understand I am just stating a scenario and not in any way, shape or form implying this will happen or speaking ill of your relationship with your fiancee ), she would still have a job. That what the protection under the laws allow for her. Then, I would argue that she has no obligation to tell them anything except: " I am taking maternity leave and the projected end date for my maternity leave is this date". She can resign her job from the US if/when she sees fit. 

Agree somewhat - she may have no obligation tell them anything. But the decent and honest thing would be for the OP to inform them regardless instead of withholding info. That way nothing could fall back on her. IMO, it's slightly different moving to the US versus having the option of free movement in the EU during SMP. Oh goodness, I remember the flawed general benefit system in the UK-such big focus on 'claiming'. But agreed, there's no 'obligation' I would say 

Edited February 21, 2019 by jakejon

[USS_Voyager 1,971]

8 minutes ago, jakejon said:

Agree somewhat - she may have no obligation tell them anything. But the decent and honest thing would be for the OP to inform them regardless instead of with holding info. IMO, it's slightly different moving to the US versus having the option of free movement in the EU. Oh goodness, I remember the flawed general benefit system in the UK-such big focus on 'claiming'. But agreed, there's no 'obligation' 

Agreed somewhat- I am a big fan of "Do not tell them information unless they ask for, especially if you're not required to disclose by laws". I work in a highly regulated industry (pharmaceuticals) and we regularly have audits from different government agencies, both US (FDA, DEA, ... ) and EU (EMA, ... ), and the first thing in training we were taught is: "Always only answer what was asked, no more, no less. Do not volunteer any information unless being asked for it." 

Edited February 21, 2019 by USS_Voyager

[jakejon 1,196]

5 minutes ago, USS_Voyager said:

Agreed somewhat- I am a big fan of "Do not tell them information unless they ask for, especially if you're not required to disclose by laws". I work in a highly regulated industry (pharmaceuticals) and we regularly have audits for different government agencies, both US and EU, and the first thing in training we were taught is: "Always only answer what was asked, no more, no less. Do not volunteer any information unless being asked for it." 

Sure! It's all down to individuals I guess. I think relocating from outside the EU to a Non-EU country is kinda really a needs to know basis especially in regards to repaying or claiming. But that's just IMO. People are free to do whatever they feel is right for themselves and their own circumstances. 

Edited February 21, 2019 by jakejon

[Randyandyuni 2,682]

regardless, congrats on your upcoming baby and move to the US! Sounds like a good year, enjoy it!!

[carmel34 3,531]

This thread reminds me of a brother-in-law and his wife who were Canadians and lived there for many years, had a couple of kids and then moved to the US for college and ended up staying, becoming LPRs, then citizens, and for many years they kept receiving "family allowance" payments from the Canadian government (monthly benefit checks paid to the parents per child under 18) for many, many years, all sent to his parents' mailing address in Canada who deposited the checks into their bank account.  Things like this happen all the time, where people have questionable ethical standards and milk governments for payments when they no longer live in their country of origin.  I remember hearing about this and thinking to myself, "I wonder what would happen if the Canadian government ever found out that this abuse was occurring?"  Sort of reminds me of the stories of social security checks sent to deceased people and a family member not saying anything, continuing to cash the checks...

[Jeanne Adil 1,651]

33 weeks pregnant you may not be allowed on the plane

need to check that part out

you may have to have the  baby there 

not married yet you may have to prove it is the baby of the USC to bring him/her here

have you taken care of that issue?

[geowrian 22,335]

I believe the airline boarding rules generally kick in at 36 weeks. Exceptions can be made via a medical note. The airline makes the final decision to board anybody.

Check with the specific airline for their policies, which can differ from the norm.

[PelagijaP 67]

1 hour ago, adil-rafa said:

33 weeks pregnant you may not be allowed on the plane

need to check that part out

you may have to have the  baby there 

not married yet you may have to prove it is the baby of the USC to bring him/her here

have you taken care of that issue?

Yes, it is all all right regarding that. Even if she is born here ( which we are still taking into consideration) he would come here, sort out her documents and we would fly back together. 

Usual rule is no flying after 36th week. My doctor said I am perfectly healthy and travel should be fine. 

[PelagijaP 67]

My fiance and I have been to the solicitor this evening. He said it is perfectly all right if I receive it because it is my right as a citizen. And once baby is close to a year old I can inform my work place I am not coming back to work. Even if I stayed to live here and had a baby here I wouldn't come back to work because a year old baby is too young for me to go back to work and I would have every right to quit my job after a year passes.

I don't have my visa yet and on Monday my pregnancy leave should be changed to maternity. I don't have any desire to 'milk the system' as somebody put it, but if it is all right by law then I don't have objections to receiving it. 

This solicitor also phoned his colleague and he also agreed that as long as I am a citizen and I start my maternity leave before I leave the country, I am entitled to it because as far as state is concerned I might want to come back in a week or in 8 months time. 

Anyway, as I have said it is not a big deal and I don't want any hastle over little bit more than 400$.

I was just wondering is it ok regarding immigration (  somebody said yes) if I continue to get some money into my bank account. 

 

 

[Randyandyuni 2,682]

12 minutes ago, PelagijaP said:

My fiance and I have been to the solicitor this evening. He said it is perfectly all right if I receive it because it is my right as a citizen. And once baby is close to a year old I can inform my work place I am not coming back to work. Even if I stayed to live here and had a baby here I wouldn't come back to work because a year old baby is too young for me to go back to work and I would have every right to quit my job after a year passes.

I don't have my visa yet and on Monday my pregnancy leave should be changed to maternity. I don't have any desire to 'milk the system' as somebody put it, but if it is all right by law then I don't have objections to receiving it. 

This solicitor also phoned his colleague and he also agreed that as long as I am a citizen and I start my maternity leave before I leave the country, I am entitled to it because as far as state is concerned I might want to come back in a week or in 8 months time. 

Anyway, as I have said it is not a big deal and I don't want any hastle over little bit more than 400$.

I was just wondering is it ok regarding immigration (  somebody said yes) if I continue to get some money into my bank account. 

 

 

many women here also do not return to work after maternity leave, no one accuses them of milking the system

[Lemonslice 4,554]

2 hours ago, carmel34 said:

This thread reminds me of a brother-in-law and his wife who were Canadians and lived there for many years, had a couple of kids and then moved to the US for college and ended up staying, becoming LPRs, then citizens, and for many years they kept receiving "family allowance" payments from the Canadian government (monthly benefit checks paid to the parents per child under 18) for many, many years, all sent to his parents' mailing address in Canada who deposited the checks into their bank account.  Things like this happen all the time, where people have questionable ethical standards and milk governments for payments when they no longer live in their country of origin.  I remember hearing about this and thinking to myself, "I wonder what would happen if the Canadian government ever found out that this abuse was occurring?"  Sort of reminds me of the stories of social security checks sent to deceased people and a family member not saying anything, continuing to cash the checks...

No idea about your brother in law's family situation, but, in some circumstances, one's allowed to keep Canadian benefits while living abroad.  Taxes and benefits depend on a lot of factors.   I still pay Canadian taxes and CPP... and I've been in the US for close to 9 years.  

[carmel34 3,531]

14 minutes ago, Lemonslice said:

No idea about your brother in law's family situation, but, in some circumstances, one's allowed to keep Canadian benefits while living abroad.  Taxes and benefits depend on a lot of factors.   I still pay Canadian taxes and CPP... and I've been in the US for close to 9 years.  

For them it was long after they stopped paying Canadian income taxes, etc, different from your situation.

[Unidentified 2,930]

1 hour ago, PelagijaP said:

Yes, it is all all right regarding that. Even if she is born here ( which we are still taking into consideration) he would come here, sort out her documents and we would fly back together. 

Usual rule is no flying after 36th week. My doctor said I am perfectly healthy and travel should be fine. 

You should get a doctors note for that because it will be up to the airline and they might say differently considering you'll be crossing a fairly large ocean. 

[PelagijaP 67]

21 minutes ago, Unidentified said:

You should get a doctors note for that because it will be up to the airline and they might say differently considering you'll be crossing a fairly large ocean. 

Yup, I will need doctor's note saying I am fit to travel, but not older than 7 days before the flight. If I don't feel good or if I am at the slightest worried about the flight then I won't travel until she is born. It is fine for both me and my fiance if it happens she is born here, as long as all goes well with her. 

[Celie 793]

6 hours ago, USS_Voyager said:

I don't think that's the case. Say, vacation is a benefit. If I take 2 weeks vacation and decide to resign right after I finish my vacation, that is my right. There is nothing to force me to go back to work on that job. Forced labor equals to indentured servitude.

 

I agree, she needs to tell them she resigns AFTER her maternity leave. And that is the whole point, she is ON maternity leave, and they CANNOT fire her. They can fire her after she finishes her maternity leave (but not if she resigns first ^_^)

And they're required by their laws to pay her while she's on maternity leave. And it is not illegal for her to accept that money while she's on K-1 in the US. So I don't see why any of this is a problem. 

I was under the impression an employer in the USA CAN fire you under maternity leave, just not for the reason that you are pregnant or on parental leave. They can still use any other reason to fire you while on leave and (if in her country similar rules apply) moving to a different country and not being readily accessible to work could be a reason for that.

 

Just a spin on the same coin.