Extending with a student visa

[Anonymous]

Thoughts on how this works? My Aubpair is interested. She seems to think I continue to pay stipend and pay for college...is this what people usually do? How hard is it for them to do the schoolwork and help out the family?

[Anonymous]

It is not something to do lightly. Only with someone who you totally trust and adore. If you sponsor her you are in the hook for the person legally and there is not the safety net of the au pair program for either of you. Its illegal for someone on a student visa to work but people do do it of course. If your kids are in school and your au pair can do all of her classes during that time it can work or if you don't need her at night and she can do all night classes or some online classes. You can work the arrangement the way she describes but its not an extension of the au pair relationship - its something different and the agency would not be involved or able to help you if things go wrong.

[Anonymous]

Maybe talk with an immigration attorney, OP.

[Anonymous]

Listen, no need to talk to an attorney. I am one. This is illegal. Period. But many people do it. I personally think the requirements of getting a student visa are wrong. Only students with wealthy parents are essentially eligible. You basically are not supposed to work except on campus.

If you do a wink and nod, and do not pay the required taxes now that they are off the AP program, then you have some serious risk. Is it worth it? Can you trust you AP not to blow you in?

[Anonymous]

There's nothing illegal about sponsoring a foreigner for a student visa if you are willing to pay for the school (about $5000) a semester at a community college, however it is illegal to allow a foreigner to work without authorization from uscis. And no, an F4 visa does not authorize you to work for your sponsor.

If you want to change her status, sponsor her for a domestic worker visa. It usually takes 5-10 years to be approved but while it is pending she is allowed to work legally for you on an EAD. This isn't legal advice, I suggest you meet an imm lawyer to guide you with all of this.

[Anonymous]

If she applies and is accepted to a local university, then she'd apply on her own, like any other foreign student, for the student visa. If you want to allow her to continue living with you, okay, but she shouldn't be your employee. The au pair arrangement ends with the program, ie - there is no more stipend or 45 hours of work.

I'm not sure about the legalities of a "work for rent" situation, ie - if she she worked to earn $500 a month worth of room rent, that would get you 34 hours a month of childcare hours. I wouldn't bet on that being legal though honestly. I'd ask an attorney.

[Anonymous]

Does she really want to go to school? Or is she looking for the easiest legal way to stay in the country? And what's in it for you? Is she the most amazing AP you ever had? Will you never be able to find as good or better childcare?

Unless you are both doing this for the right reasons, I would not get involved. She can get her own student visa with help from her family abroad (assuming they can show enough $$ in the bank). And if she can't, then maybe it means it's time to go home.

Considering everything previous PP said (especially the legality of this), this is not the route you take out of convenience...

[Anonymous]

Op here- thanks. This is helpful. Au pair made it sound like it was a simple thing. Looks like it is more complicated and not a good idea.

[Anonymous]

Anonymous wrote:If she applies and is accepted to a local university, then she'd apply on her own, like any other foreign student, for the student visa. If you want to allow her to continue living with you, okay, but she shouldn't be your employee. The au pair arrangement ends with the program, ie - there is no more stipend or 45 hours of work.

I'm not sure about the legalities of a "work for rent" situation, ie - if she she worked to earn $500 a month worth of room rent, that would get you 34 hours a month of childcare hours. I wouldn't bet on that being legal though honestly. I'd ask an attorney.

Not legal.

[Anonymous]

Our AP looked into this and as said no, we love you but we're not doing anything illegal and we're not going to be on the hook for your tuition (which is kind of what happens).

So she looked for a domestic situation with a diplomatic family (Worldbank/IMF etc) and found one quite easily. Now she's working legally in the US for more $. I think it's a lot more work than being an AP, but she got what she wanted (to stay) and we're not on the hook for everything.

[Anonymous]

Anonymous wrote:Our AP looked into this and as said no, we love you but we're not doing anything illegal and we're not going to be on the hook for your tuition (which is kind of what happens).

So she looked for a domestic situation with a diplomatic family (Worldbank/IMF etc) and found one quite easily. Now she's working legally in the US for more $. I think it's a lot more work than being an AP, but she got what she wanted (to stay) and we're not on the hook for everything.

Can you tell me how your Aupair got the diplomatic family to sponsor her? My niece is looking to come work in the U.S for childcare and I think this will be a good avenue for her. She is 18, educated, polite, hardworking and adventurous. She is French speaking. I will help her get her drivers license. Is there a way you can connect me with your former Aupair? Thank you.

[Anonymous]

We've done this twice with two au pairs. We sponsored them, paid their tuition after they got accepted. They no longer worked as an au pair and lived with us as part of the family. It is a lot of work and only worked since our kids are older now and in a lot of after school activities. One big challenge is they cannot travel home once their status changes until they go home and get a new visa. This is a big pain. I don't recommend this for most families.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Our AP looked into this and as said no, we love you but we're not doing anything illegal and we're not going to be on the hook for your tuition (which is kind of what happens).

So she looked for a domestic situation with a diplomatic family (Worldbank/IMF etc) and found one quite easily. Now she's working legally in the US for more $. I think it's a lot more work than being an AP, but she got what she wanted (to stay) and we're not on the hook for everything.

Can you tell me how your Aupair got the diplomatic family to sponsor her? My niece is looking to come work in the U.S for childcare and I think this will be a good avenue for her. She is 18, educated, polite, hardworking and adventurous. She is French speaking. I will help her get her drivers license. Is there a way you can connect me with your former Aupair? Thank you.

She needs to either be here and know people in the diplomatic community who can post an ad on the diplomatic listservs or she needs to know a diplomatic family back home who will sponsor her.

[Anonymous]

Anonymous wrote:We've done this twice with two au pairs. We sponsored them, paid their tuition after they got accepted. They no longer worked as an au pair and lived with us as part of the family. It is a lot of work and only worked since our kids are older now and in a lot of after school activities. One big challenge is they cannot travel home once their status changes until they go home and get a new visa. This is a big pain. I don't recommend this for most families.

What year was this PP? I ask because I was under the impression that the state department is cracking down on this - rejecting applications of former APs who plan to live with a family with small children.

[Anonymous]

Our first au pair went home to her home country for a year and worked hard to save money, and applied at the local college. She is here this year on a student visa. She's not our au pair, of course, but she is very driven and wanted to go to college in this country and figured out how to make it work. She is paying her own tuition, bought her own car, etc.