How to qualify to bring my Thai Caretaker/Personal assistant to USA

[Ridindawg 0]

I am a 68 year old USA citizen retired and living in  a 2 bedroom condo in Thailand. ( Retirement Visa ) I have lived in Thailand for a little over a year and want to go visit my Family for 3 months. I am a Veteran and have a 40% disability rating from the USA government. Also I had a heart attack 3 years ago and had a 5 stent heart surgery which puts me in the high risk category.  My 36 year old caretaker is a live in dedicated employee of which I have paid monthly for a year. Due to chronic pain and other vulnerabilities I need her assistance. QUESTION: I have researched and have concluded that I need a B1 VISA. I understand certain contractual agreements have to be presented . My concern is: In the process of the Consular determining if she qualifies regarding Stable ties to her home country......will they also be concerned about her being single with an elderly single Man and thus decrease her chances for  consideration of the B1 application ? 

[mniceguy16 184]

Just now, Ridindawg said:

I am a 68 year old USA citizen retired and living in  a 2 bedroom condo in Thailand. ( Retirement Visa ) I have lived in Thailand for a little over a year and want to go visit my Family for 3 months. I am a Veteran and have a 40% disability rating from the USA government. Also I had a heart attack 3 years ago and had a 5 stent heart surgery which puts me in the high risk category.  My 36 year old caretaker is a live in dedicated employee of which I have paid monthly for a year. Due to chronic pain and other vulnerabilities I need her assistance. QUESTION: I have researched and have concluded that I need a B1 VISA. I understand certain contractual agreements have to be presented . My concern is: In the process of the Consular determining if she qualifies regarding Stable ties to her home country......will they also be concerned about her being single with an elderly single Man and thus decrease her chances for  consideration of the B1 application ? 

B1/B2 is a tourist visa and from what you said, she is your P.A / caretaker and she receives wages for her services meaning she is coming to the States with you for 3 months and will still be working for you while getting paid. This in itself is ILLEGAL. She can't work in the States on a tourist visa. 

[Going through 5,668]

2 minutes ago, mniceguy16 said:

B1/B2 is a tourist visa and from what you said, she is your P.A / caretaker and she receives wages for her services meaning she is coming to the States with you for 3 months and will still be working for you while getting paid. This in itself is ILLEGAL. She can't work in the States on a tourist visa. 

I think the OP meant B1 Domestic Worker visa, which is different than a "regular" B1.

Edited May 13, 2019 by Going through

[milimelo 4,185]

Highly unlikely she’ll get a visa. If you were employed overseas and a non-USC then possibly. 

[Ridindawg 0]

21 minutes ago, Going through said:

I think the OP meant B1 Domestic Worker visa, which is different than a "regular" B1.

Ahhh I did not know that. Ok B1 Domestic Worker Visa. Thank you for your response.

[Ridindawg 0]

11 minutes ago, milimelo said:

Highly unlikely she’ll get a visa. If you were employed overseas and a non-USC then possibly. 

Thank you for your reply. However, there is a legal Avenue for a B1 Domestic worker visa for those accompanying USA who returning from abroad to USA for a short time. How difficult is it to obtain this " legal" option.....is the question. 

[Allaboutwaiting 2,498]

https://www.ustraveldocs.com/th/th-niv-typedomesticemployee.asp

[milimelo 4,185]

Your problem is you’re a retiree. Nothing to assure you will actually return overseas - domestic employee b-1 is for those working overseas returning temporarily to the US for an assignment- that’s not your case. 

Do let us know how it goes. 

[Ridindawg 0]

1 hour ago, milimelo said:

Your problem is you’re a retiree. Nothing to assure you will actually return overseas - domestic employee b-1 is for those working overseas returning temporarily to the US for an assignment- that’s not your case. 

Do let us know how it goes. 

Hmmm.....ok understand. Does it help that I have a long term 1 year lease and a retirement visa? Thank you......

[Ridindawg 0]

2 hours ago, Allaboutwaiting said:

https://www.ustraveldocs.com/th/th-niv-typedomesticemployee.asp

Thank you Allabout....yes I have read this information, and figured it applies to my circumstances.

[Going through 5,668]

1 hour ago, Ridindawg said:

Hmmm.....ok understand. Does it help that I have a long term 1 year lease and a retirement visa? Thank you......

She's going to have to prove she has a residence abroad that she has no intention of abandoning, as well as proof of employment as a domestic worker for at least 1 year, and employed by you for at least 1 year.

 

 

[Ridindawg 0]

1 hour ago, Going through said:

She's going to have to prove she has a residence abroad that she has no intention of abandoning, as well as proof of employment as a domestic worker for at least 1 year, and employed by you for at least 1 year.

 

 

I have been depositing her salary in her bank account for over a year. ( easy to prove) Previously she was living with her elderly Mother in her Mothers home. Her Mother still lives there........( is her case getting any stronger? )  Your feedback is much appreciated.......

[Going through 5,668]

Honestly with you being retired, it's a slimmer chance of approval that she will qualify for the visa...but you can always try.

 

The house her mother lives in/the home she lived in previously is irrelevant since it's not where she lives now.  Not to mention, presumably her mother was not her "employer" during that time, anyhow.

 

 As you are visiting family, is there no one else who can temporarily help assist/care for you while you are there?  Or perhaps use the assistance of a visiting nurse temporarily while in the US?

Edited May 13, 2019 by Going through

[SusieQQQ 11,584]

All you can do is try.

 

apart from the focus of can caretaker go to the US vs OP getting temporary help there, I guess there is also the aspect of OP not being able to pay her for 3 months if she can’t accompany him and what that does to their employer/employee relationship. 

[VNN 147]

I would suggest you to use one from US while you are in US. 

 

It is not only that you are retired but also the amount of paperwork and $ involved.  Generally, there are things need to address

- What skills she has that you cannot find one in US/what needs you need that only her can do.

-  Getting a legal contract that pay rates is fair (should be similar to other US employees)

- Waiting time to get approval from Department of Labor