Au Pair staying on

[Anonymous]

It's illegal even if you don't pay her money but are housing/boarding her in exchange for help ( cleaning, cooking, some child care). It depends on how "okay" you are with illegal fraudulent activities. If you are gov, military, contractor you are checked more on these activities with security clearances, etc. but it doesn't matter, the law applies to everyone. So are the massive potential risk worth the small gain? Up to you to decide.

[Anonymous]

Anonymous wrote:OP, when you say she will have to get a tourist visa, do you mean she will go back home and apply? What country is she from? This could be harder than you'd think due to both COVID and suspicion by the consular officer that she isnt a tourist...

They don't have to go back home to get a tourist visa and they aren't meeting with any type of officer. You send your application in and get the tourist visa back. It's a quick change. You shouldn't be working on a tourist visa but people do it. I think the biggest issue is that other host families have to hear "All of the other host parents are doing this for their aupairs."
I'm comfortable with only agreeing to what our family wants to do regardless but if host families would just play by the rules and say "no" to these type of requests, it would make everyone's life easier.

[Anonymous]

We are letting our au pair say on for a few extra months. We weren't thrilled with it but it allowed her to stay on until she was vaccinated and waited for her tourist visa. It seems to take up to 6 months for her visa to be converted. As long as it hasn't been denied they are allowed to stay in the country while they wait.

I can understand people not thinking this was in the spirit of the program but since her alternative was to go home to a country with zero job prospects and in full lockdown I think it is the right decision.

She had originally planned to stay in the U.S. on a student visa but soon realized it is very difficult and expensive. A student visa is tied to the program you are accepted into and no visa are being issued for the slightly less expensive ESL classes.

In the end she is applying to go to school in Canada which is much more reasonable.

[Anonymous]

Anonymous wrote:We love our au pair and she is incredible with our kids and a wonderful member of our family. She wants to remain in the US and study and we are willing to sponsor her for her visa. She's applied to schools but we know she will likely have to get a tourist visa in between when her J-1 expires and when she can enroll in college. She will continue to live with us and we will pay for her living expenses. She will help out around the house like she does now (cooking dinner a night or two a week, helping with cleanup, helping kids keep their rooms neat and with laundry), and she will occasionally watch the kids but likely significantly less than she does now (which is already only @20 hours/week max). I realize we cannot pay her to work while she is a tourist or a student, but are we allowed to pay her expenses?

We sponsored our AP while she is getting an associate degree at NOVA (It's not that expensive). We have now hired a lawyer and are sponsoring her to get her permanent resident card as an employee of ours (a lengthy but not difficult process). I think as long as you don't need to get a gov't clearance at some point you are fine. Also, I agree with the poster who said as long as the student visa is in progress the AP can stay here (I believe the same thing happened with ours but it was a long time ago).

[Anonymous]

How much for an associates degrees from NOVA.

[Anonymous]

It isn’t just a government clearance issue.

It is a tax issue. But it so true unless you are high worth or have complicated taxes, you probably won’t be audited.

[Anonymous]

Anonymous wrote:It isn’t just a government clearance issue.

It is a tax issue. But it so true unless you are high worth or have complicated taxes, you probably won’t be audited.

I was audited in a year that I made less then $30k... They thought I’d made a mistake, but it turned out that they did...

While higher incomes and complicated tax situations are more likely to be audited, it can happen with any income level.

[Anonymous]

It's tax fraud, all it takes is one look/audit!!! Is that a risk you are willing to take for your family? Not me!!!!

[Anonymous]

Anonymous wrote:It's tax fraud, all it takes is one look/audit!!! Is that a risk you are willing to take for your family? Not me!!!!

I'm PP, YMMV. There is not one thing that indicates we are having her work (which we aren't, really). She helps around the house but our kids are older now and we don't need someone full-time. We are doing this because we love her and she is part of our family.

[Anonymous]

OP - I think you will be fine to do this, and the likelihood of negative reprecussions are low, but just understand you aren't in a friendly territory here with other host families bc of how this negatively impacts us and our ability to retain our APs in this difficult time, especially. And please dont pretend you aren't having her work at all - even if it is just a small amount.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's tax fraud, all it takes is one look/audit!!! Is that a risk you are willing to take for your family? Not me!!!!

I'm PP, YMMV. There is not one thing that indicates we are having her work (which we aren't, really). She helps around the house but our kids are older now and we don't need someone full-time. We are doing this because we love her and she is part of our family.

$20 says once she gets that resident card, she'll bolt and you may get a christmas card every year but that's it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's tax fraud, all it takes is one look/audit!!! Is that a risk you are willing to take for your family? Not me!!!!

I'm PP, YMMV. There is not one thing that indicates we are having her work (which we aren't, really). She helps around the house but our kids are older now and we don't need someone full-time. We are doing this because we love her and she is part of our family.

You don’t have to convince us. You have to convince the IRS and ICE.

The test is not whether she is working “full time.”

Good one on “helping around the house.” Gee, no one has ever thought of this.

She is not your family member. So you are going to have an uphill battle.

What was your original question again?

[Anonymous]

DC area has lots of people who get hooked up to polygraph machines all the time. It is not the real world. The bureaucrats and their army of contractors are probably the biggest rule followers in America next to active duty military.

[Anonymous]

Anonymous wrote:OP - I think you will be fine to do this, and the likelihood of negative reprecussions are low, but just understand you aren't in a friendly territory here with other host families bc of how this negatively impacts us and our ability to retain our APs in this difficult time, especially. And please dont pretend you aren't having her work at all - even if it is just a small amount.

Exactly. We constantly have this same discussion here. If you want to break the rules, fine. And I know some of you honestly are trying to do right by your AP.

But what gets some of us is the argument some make that they can do this and it isn’t illegal. That they have cutely found a way. That the AP is like a family member and we are just letting her live with us.

It so behind annoying

[Anonymous]

Exactly! Do what you need to do but realize it's illegal. "Helping"around the house in exchange for room and board is still working.