Jump to content
ben_the_jawa

VISA Help - R1

11 posts in this topic

Recommended Posts

Hello,

I am British, my wife is South African (on ILR) and we have 3 children with British passports. I work for a church in the UK as a pastor. The church is a church plant from the USA. 

Next year we wish to undertake a non-accredited program of study at the church as missionaries. Ultimately we want to go on and start our church under the same denomination. 

The dates that we want to be in the USA are (2 options):

Possible Option 1: (Our preferred option)
Jan 31st - June 15th (then return to the UK)
Sometime in September to the end of November (then return to the UK)

Possible Option 2:
August 31st 2018 - Dec 15th (then return to the UK)
Feb 2019 - April 2019 (then return to the UK)

How would you go about this? I've researched B1/B2 visa options but been informed that as a Brit I'll be rejected for those VISAs due to me and kids having access to VWP. I've researched R1 visa, which is possible. However it requires a lot of work from the US church it would seem and a job option.

What would the best course of action be? Thank you so much in advance for your advice...

Share this post


Link to post
Share on other sites

B is a high risk option, what is you plan if it fails?

 

R1 not sure if you qualify.

 

F1 seems to be out.

 

.VWP is 90 days max so that seems not to suite either.

 

Can the course be take in part remotely?

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

B is a high risk option, what is you plan if it fails?

 

There would be no backup plan. I wouldn't be able to undertake what I'm wanting to do.

 

R1 not sure if you qualify.

 

I've checked through the criteria of this, and I think we could quality, however it's the most scrutinised visa apparently. The church in the USA would have to petition for us to come. Ive been using this site as a measuring stick: http://www.fermanlaw.co.uk/Nonimmigrant-Work-Visas/R-1-Religious-Workers.shtml

 

F1 seems to be out.

 

Agreed

 

.VWP is 90 days max so that seems not to suite either.

 

I suppose this is subjective, but what would constitute abusing the above VWP. Say we went for 90 days, returning back to the UK for another 90 days and then went out again for another 90 days. 

 

Can the course be take in part remotely?

 

Nope

Share this post


Link to post
Share on other sites
1 minute ago, ben_the_jawa said:

.VWP is 90 days max so that seems not to suite either.

 

I suppose this is subjective, but what would constitute abusing the above VWP. Say we went for 90 days, returning back to the UK for another 90 days and then went out again for another 90 days.

This is possible. It is a short period of time to be out of the US relative to how long you will be in it, but certainly not unheard of to do. Trying to enter a 3rd time would likely raise significant scrutiny (at least until you were out of the US for several months).

 

The other thing to note is not to plan to stay exactly 90 days....flights get delayed/cancelled, people get sick, etc. Even one day of overstay eliminates your ability to use an ESTA in the future.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

R1

 

(1) as a minister of the denomination; (2) as a professional for the bona fide nonprofit religious organization; or (3) in a religious vocation or occupation for the bona fide religious organization or a bona fide organization which is affiliated with the religious denomination.

 

From your link, did not seem to tie in with your initial description. Have a word with the Church, have they done R1's before? have they done one for this. Something their Lawyer would handle, presumably you are not the first.

 

R is the visa with the highest amount of  fraud, amusingly.

 

Break it down into say 2 months in 2 months out?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Yeah ironic isn't it? 

 

Yeah just in the process of speaking to the church to figure out if R1 is a viable option. I do work for the church in UK as a pastor, but the headquarters of the church is based in the US (Baptist). I'm wanting to hear back from them. 

 

Just dropping back to the B2 option. I really know it's a long shot. My UK friend managed about 3 years ago to take his wife and kids for 1 year. I've asked him but he can not remember for the life of him what visa it was, other than he was not allowed to work. 

Looking through there R1 stuff on the US site, it does say undertaking religious training (unaccredited) can be sometimes covered under B2. If we were able to get an interview and explain our situation and exactly what we're intending to do they'd actually take that into consideration? 

 

- We both have all our families here in the UK (Parents, sisters, brothers, aunts, uncles, cousins)

- My kids are enrolled in UK schools (we'll homeschool in the US as I'm a qualified teacher, depending on the state I'll have to get permission) 

- Credits cards, bank accounts, store cards... 

 

What do you think?

 

The reason I'm flipping between the R1 and B2 is this:

 

B2 allows me to do the minimum of what I'd like to do

R1 opens up further doors and removes restrictions (just being able to stay in the US between sessions etc)

 

Thoughts? 

 

 

Edited by ben_the_jawa

Share this post


Link to post
Share on other sites
6 minutes ago, ben_the_jawa said:

Yeah ironic isn't it? 

 

Yeah just in the process of speaking to the church to figure out if R1 is a viable option. I do work for the church in UK as a pastor, but the headquarters of the church is based in the US (Baptist). I'm wanting to hear back from them. 

 

Just dropping back to the B2 option. I really know it's a long shot. My UK friend managed about 3 years ago to take his wife and kids for 1 year. I've asked him but he can not remember for the life of him what visa it was, other than he was not allowed to work. 

Looking through there R1 stuff on the US site, it does say undertaking religious training (unaccredited) can be sometimes covered under B2. If we were able to get an interview and explain our situation and exactly what we're intending to do they'd actually take that into consideration? 

 

- We both have all our families here in the UK (Parents, sisters, brothers, aunts, uncles, cousins)

- My kids are enrolled in UK schools (we'll homeschool in the US as I'm a qualified teacher, depending on the state I'll have to get permission) 

- Credits cards, bank accounts, store cards... 

 

What do you think?

 

The reason I'm flipping between the R1 and B2 is this:

 

B2 allows me to do the minimum of what I'd like to do

R1 opens up further doors and removes restrictions (just being able to stay in the US between sessions etc)

 

Thoughts? 

 

 

You will need to take the Children away from their schooling otherwise I have most of what you have and maybe a bit more.

 

Your friend would not have been on a B, should say in his Passport.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

***** Moving from Tourist Visa to Work Visa forum in the hope that more people familiar with R1 may chime in *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×