Entering under an R1 Visa

Old Aug 11th 2010, 6:30 pm
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Default Entering under an R1 Visa

Hi,

It's likely that I'm about to be offered a job with a large religious organisation in the US (or should that be organization?). The role is IT Manager for a large church and community centre.

I believe I would be eligible to enter the US under an R1 visa, Religious Workers visa. Question is, does this sound plausible for the role I would be taking? The church is a well known organisation in the US, and I'm not sure if the R-class visa covers any and all employees of religious organisations. Presumably my wife and son would enter under an R2 visa.

In addition I'm slightly confused by the whole embassy interview for the visa. My family consists of myself, my wife and son who is 5. Do we all have to go to the embassy for the interview, or are my wife and I only obliged to go but take the documents for our son?

Finally we're probably going to travel separately - the plan is for me to go across first of all and set up home, so to speak. Approximately 2 - 3 months afterwards my wife and son would follow once everything is ready. Is this likely to cause problems for entry for them at all?

Apologies if I'm sounding a little naive - we've all got to start somewhere!

Thanks,

Andy
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Old Aug 11th 2010, 6:34 pm
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Default Re: Entering under an R1 Visa

Originally Posted by ukhack
It's likely that I'm about to be offered a job with a large religious organisation in the US (or should that be organization?). The role is IT Manager for a large church and community centre.
Congratulations.

I believe I would be eligible to enter the US under an R1 visa, Religious Workers visa. Question is, does this sound plausible for the role I would be taking? The church is a well known organisation in the US, and I'm not sure if the R-class visa covers any and all employees of religious organisations. Presumably my wife and son would enter under an R2 visa.
Good question. I don't know if, as you say, any and all employees are eligible. A talented US immigration attorney may be able to help you figure it out (and suggest creative alternatives if it's not possible under R-1)

In addition I'm slightly confused by the whole embassy interview for the visa. My family consists of myself, my wife and son who is 5. Do we all have to go to the embassy for the interview, or are my wife and I only obliged to go but take the documents for our son?
The latter. Your wife could also attend at separate appointment after your visa has been granted.

Finally we're probably going to travel separately - the plan is for me to go across first of all and set up home, so to speak. Approximately 2 - 3 months afterwards my wife and son would follow once everything is ready. Is this likely to cause problems for entry for them at all?
Not a problem, quite routine.
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Old Aug 11th 2010, 6:40 pm
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Default Re: Entering under an R1 Visa

I thought that the R1 was for religious workers, like ministers, nuns, monks, missionaries, etc. What you describe sounds more like an H1b. Not sure though.
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Old Aug 11th 2010, 7:19 pm
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Default Re: Entering under an R1 Visa

Originally Posted by ukhack
Hi,

It's likely that I'm about to be offered a job with a large religious organisation in the US (or should that be organization?). The role is IT Manager for a large church and community centre.
It doesn't sound like you would qualify under R-1 from what I could find. Quite apart from the nature of the work, you may not qualify for some of the other requirements, such as being a member of the denomination for 2 years.

Sounds more like an H1B to me.

From this Dept of State page.
Overview

The Religious Worker (R) visa is for persons seeking to enter the United States (U.S.) to work in a religious capacity on a temporary basis, under provisions of U.S. law, specifically the Immigration and Nationality Act.

Qualifying as a Religious Worker

Religious workers include persons authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation.

•The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;

•The religious denomination and its affiliate, if applicable, are either exempt from taxation or qualifies for tax-exempt status; and

•The applicant has been a member of the denomination for two years immediately preceding applying for religious worker status. The applicant is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization).There is no requirement that individuals applying for "R" visas have a residence abroad that they have no intention of abandoning. However, they must intend to depart the U.S. at the end of their lawful status, absent specific indications or evidence to the contrary. The applicant has resided and been physically present outside the U.S. for the immediate prior year, if he or she has previously spent five years in this category.
There are people (Horticulturist ??) on the forum who have come here on R visas, so I am sure they can better answer your question.

Last edited by sangiano; Aug 11th 2010 at 7:23 pm.
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Old Aug 11th 2010, 7:25 pm
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Default Re: Entering under an R1 Visa

It doesn't sound like you would qualify under R-1 from what I could find. Quite apart from the nature of the work, you may not qualify for some of the other requirements, such as being a member of the denomination for 2 years.
Actually that's not quite right and something I left out of the original post by mistake.

I've been a member of the organisation since I was born - in fact I'm the fifth generation of my family that's been a member of this organisation. Hopefully this will help?
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Old Aug 11th 2010, 8:11 pm
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Default Re: Entering under an R1 Visa

Originally Posted by ukhack
Actually that's not quite right and something I left out of the original post by mistake.

I've been a member of the organisation since I was born - in fact I'm the fifth generation of my family that's been a member of this organisation. Hopefully this will help?
It removes that hurdle - yes.

I still don't see your duties (as described) fitting an R-1 visa.
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Old Aug 11th 2010, 8:25 pm
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Default Re: Entering under an R1 Visa

Originally Posted by ukhack
Actually that's not quite right and something I left out of the original post by mistake.

I've been a member of the organisation since I was born - in fact I'm the fifth generation of my family that's been a member of this organisation. Hopefully this will help?
I don't think it means just being a member. Something like being an ordained minister in the religion, taken your vows as a monk, been a missionary or similar for 2 years is closer to the requirement I think. Again, I could very well be wrong.
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Old Aug 11th 2010, 8:28 pm
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Default Re: Entering under an R1 Visa

http://travel.state.gov/visa/temp/ty...es_1272.html#2

Qualifying as a Religious Worker

Religious workers include persons authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation.
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Old Aug 11th 2010, 8:28 pm
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Default Re: Entering under an R1 Visa

Originally Posted by ukhack
Actually that's not quite right and something I left out of the original post by mistake.

I've been a member of the organisation since I was born - in fact I'm the fifth generation of my family that's been a member of this organisation. Hopefully this will help?
Have you, or the hiring organization (yes, with a Z) in the US spoken with an attorney about this yet, or are you self-diagnosing?
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Old Aug 11th 2010, 8:43 pm
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Default Re: Entering under an R1 Visa

You have to preach/minister etc. Running the IT dept doesn't cut it. You'd need an H1b visa for that.
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Old Aug 11th 2010, 10:26 pm
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Default Re: Entering under an R1 Visa

Originally Posted by meauxna
Have you, or the hiring organization (yes, with a Z) in the US spoken with an attorney about this yet, or are you self-diagnosing?
Are you recommending that he consult with an attorney versed in religious worker visas? It is a sub-specialty of immigration law.
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Old Aug 11th 2010, 10:31 pm
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Default Re: Entering under an R1 Visa

Originally Posted by S Folinsky
Are you recommending that he consult with an attorney versed in religious worker visas? It is a sub-specialty of immigration law.
Well, not in the quoted text. That's what the little '?' thingie is all about.

Because it is such a specialty visa type, I was curious where he'd got the idea; maybe it's something that is so specialized that I never heard of it. That's what made me curious.
Or, wondering if he saw 'church = R-1' and did the math himself.

I'm sure the church folk will need help crafting their petition when the time comes; hopefully they'll choose wisely.
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Old Aug 11th 2010, 10:46 pm
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Default Re: Entering under an R1 Visa

Dont worry if they one of the big ones they have lawyers
coming out of their pockets


If it Scientology .. they have truckloads
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Old Aug 11th 2010, 11:32 pm
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Default Re: Entering under an R1 Visa

Originally Posted by Ray
...If it Scientology .. they have truckloads
Thankfully there haven't been 5 generations of those yet!
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Old Aug 12th 2010, 12:27 am
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Default Re: Entering under an R1 Visa

It does not matter what OP thinks or anybody here thinks would be the right visa.

It only matters what the Employer/Lawyer thinks.
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