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US visa for older Thai lady


gregchambers

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Have 42 year-old Thai friend who has the chance to go to meet an American for possible relationship but if that does not work out she can work as a nanny for his two kids.

 

Better to go for a work visa or visitors visa?

 

If latter how long will she be able to stay if she initially asks for two-three weeks at the embassy?

 

She has house, land and two young kids of her own so good reasons to come back. Self-employed outside the bar scene, no trouble with police etc. She has no money in the bank.

 

American friend can not come to Bkk but will supply whatever paperwork is necessary and cover costs and is quite rich.

 

Don't know anything about the US procedures, do you think this is a viable thing to do?

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Greg,

 

gregchambers said:

Have 42 year-old Thai friend who has the chance to go to meet an American for possible relationship but if that does not work out she can work as a nanny for his two kids.

 

Better to go for a work visa or visitors visa?

 

I don't really know, but it wouldn't surprise me if she can't qualify for a work visa to be a nanny in the US - there are already plenty of women here who could do the job? But possibly if it was arranged through a 'nanny agency'?

 

gregchambers said:

If latter how long will she be able to stay if she initially asks for two-three weeks at the embassy?

 

Length of stay is determined by the immigration official who inspects her at the POE. The maximum of 6 months used to be granted routinely, but these days the routine may be 1 month or the amount of time that the consulate may note on the visa as having been requested.

 

gregchambers said:

She has house, land and two young kids of her own so good reasons to come back. Self-employed outside the bar scene, no trouble with police etc. She has no money in the bank.

 

American friend can not come to Bkk but will supply whatever paperwork is necessary and cover costs and is quite rich.

 

Don't know anything about the US procedures, do you think this is a viable thing to do?

 

I think it's worth trying. See 9 FAM 41.31 Notes, Sections N2, N3, and N10 for some guidance.

http://foia.state.gov/masterdocs/09fam/0941031N.pdf

 

You could also search through 9 FAM for the section that covers the work visa.

 

Grabii

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MM,

 

There is more than 1 category or 'work' visa, and I believe you are correct that 1 of the categories has hit the quota - a quota that was incresed temporarliy during the 'dot.com' boom and the increase has now been allowed to expire.

 

Again, I am weak in this area, but it seems to me that a nanny would be in the H2B category. I don't know if this is the category that has the quota that has been reached. In any case, an employer cannot hire an alien directly in this category. They must hire through an authorized agent. Might make obtaining a specific nanny of choice a bit difficult.

 

Grabii

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Thanks for the info and references, guys...

 

The stumbling block seems to be that sponsor has to have "forecful and coimpelling reasons to sponsor someone" and as they have only telephoned and emailed this seems a bit unlikely.

 

Without a sponsor she lacks the funds to comply with the reg's for a visitors visa.

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Greg,

 

Let the consulate tell them that the American friend does not qualify to be a sponsor. Even a 1% chance of qualifying beats the 0% chance they have if they assume and don't apply. Unless they can't afford the $100 visa application fee. (But in that case they can't afford the trip, either.)

 

I personally don't think this "forceful and compelling reasons" should be taken overly seriously, and I don't thing they should try to make a foreceful and compelling case - just a reasonable and sensible case. Why? Because it's a significant 'double-edge sword' - the more compelling the case for sponsorship the stronger the ties to Thailand need to be to overcome the presumption of immigrant intent.

 

Since intent is the most difficult obstacle to overcome, I would base the sponsorship on simple friendship.

 

Grabii

 

gregchambers said:

Thanks for the info and references, guys...

 

The stumbling block seems to be that sponsor has to have "forecful and coimpelling reasons to sponsor someone" and as they have only telephoned and emailed this seems a bit unlikely.

 

Without a sponsor she lacks the funds to comply with the reg's for a visitors visa.

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