filling I-864 as a missionary

[BillyJean 0]

I have not posted here for a while.

My husband (Haitian National), baby boy, and I are living in the Dominican Republic as missionaries.

Last year(2012) I was in the States because we decided I should have the baby there. I filled I-130 in April and got approved in 14 days!!! But than had some issues with my cosponsor's taxes.

We are in the NVC stage and finally ready to continue this process. We're kind of in a hurry to get this whole visa process over with because we are expecting BABY #2 in April and would like for my husband to be there for the birth this time.

Questions:

1)I only worked for three months in the States last year and spent the rest in the DR as a missionary. Problem for I-864? (my household will include my parents and their income)

2)We plan on having the baby in the States and staying for 3 months after that (to raise support) but we want to continue our work as missionaries in the DR afterward. Is not having plans to remain in the states (we'll be coming in and out)or having jobs there lined up going to hurt us for the I864 or interview?

[The Mean Lady 604]

I have not posted here for a while.

My husband (Haitian National), baby boy, and I are living in the Dominican Republic as missionaries.

Last year(2012) I was in the States because we decided I should have the baby there. I filled I-130 in April and got approved in 14 days!!! But than had some issues with my cosponsor's taxes.

We are in the NVC stage and finally ready to continue this process. We're kind of in a hurry to get this whole visa process over with because we are expecting BABY #2 in April and would like for my husband to be there for the birth this time.

Questions:

1)I only worked for three months in the States last year and spent the rest in the DR as a missionary. Problem for I-864? (my household will include my parents and their income)

2)We plan on having the baby in the States and staying for 3 months after that (to raise support) but we want to continue our work as missionaries in the DR afterward. Is not having plans to remain in the states (we'll be coming in and out)or having jobs there lined up going to hurt us for the I864 or interview?

if you are not intending to make the us your primary residence then an immigrant visa is not for you

especially since you need to submit evidnce of it with your 864

Edited January 27, 2013 by KDH

[pushbrk 13,168]

I have not posted here for a while.

My husband (Haitian National), baby boy, and I are living in the Dominican Republic as missionaries.

Last year(2012) I was in the States because we decided I should have the baby there. I filled I-130 in April and got approved in 14 days!!! But than had some issues with my cosponsor's taxes.

We are in the NVC stage and finally ready to continue this process. We're kind of in a hurry to get this whole visa process over with because we are expecting BABY #2 in April and would like for my husband to be there for the birth this time.

Questions:

1)I only worked for three months in the States last year and spent the rest in the DR as a missionary. Problem for I-864? (my household will include my parents and their income)

2)We plan on having the baby in the States and staying for 3 months after that (to raise support) but we want to continue our work as missionaries in the DR afterward. Is not having plans to remain in the states (we'll be coming in and out)or having jobs there lined up going to hurt us for the I864 or interview?

First, unless your husband plans to become a permanent resident of the USA, pursuit of an immigrant visa is not appropriate. That said, your parents are not part of YOUR household and you are not part of theirs. You file an I-864 with zero income and I would recommend the parent with the qualifying employment income provide an I-864 and the other parent the I-864a. They do not count you or your child in their household but they do count your intending immigrant husband.

Be aware that misusing the immigrant visa to see a child born, with no intention of actually becoming a permanent resident at THIS time, can hurt your husband's chances of EVER becoming a permanent resident.

[BillyJean 0]

My permanent residence is with my parents. My drivers license,voters registration, bills, and such go to that address. I've always traveled in and out of the country and while in college their home was my permanent residence. It is my home. You can include your family members as part of your household if your share the same address and they plan on joining their income for support.

That said...

My husband does plan on becoming a permanent resident. We will not be out of the country for more than six months at a time.

Missionaries are considered permanent US residents.

I have been a missionary for 2 years and have never have residency anywhere but in the States.

[pushbrk 13,168]

My permanent residence is with my parents. My drivers license,voters registration, bills, and such go to that address. I've always traveled in and out of the country and while in college their home was my permanent residence. It is my home. You can include your family members as part of your household if your share the same address and they plan on joining their income for support.

That said...

My husband does plan on becoming a permanent resident. We will not be out of the country for more than six months at a time.

Missionaries are considered permanent US residents.

I have been a missionary for 2 years and have never have residency anywhere but in the States.

Your residency status is not an issue because you are a US Citizen. Where you live and who else lives there is a separate issue from whether you and your child are counted as part of your parents' household. You COULD consider yourselves all in the same household if that would help you COMBINE income with your parents. However, in your situation, that's likely to hurt rather than help. The head of a household should always file the I-864 in addition to the petitioner, in a joint sponsor situation. Whether the second parent needs to file an I-864a depends on the circumstances but it's usually the safe bet.

If you think "never being out of the country more than six months" is enough to maintain your husband's permanent resident status, you are mistaken but yes, I suppose you can manage because of the missionary status.

Trust me on the forms to file for affidavit of support. You are making a common mistake and this ain't my first rodeo. OK?

[BillyJean 0]

Your residency status is not an issue because you are a US Citizen. Where you live and who else lives there is a separate issue from whether you and your child are counted as part of your parents' household. You COULD consider yourselves all in the same household if that would help you COMBINE income with your parents. However, in your situation, that's likely to hurt rather than help. The head of a household should always file the I-864 in addition to the petitioner, in a joint sponsor situation. Whether the second parent needs to file an I-864a depends on the circumstances but it's usually the safe bet.

If you think "never being out of the country more than six months" is enough to maintain your husband's permanent resident status, you are mistaken but yes, I suppose you can manage because of the missionary status.

Trust me on the forms to file for affidavit of support. You are making a common mistake and this ain't my first rodeo. OK?

ok...so you're saying don't have my parents file an i-864a?? They should just file as co-sponsors? Please give me more detailed steps for the i-864.

I read on this very forum that after the immigrant receives his green card he is free to travel as he pleases as long as he is not out longer than 6 months...is that incorrect?

We just need two years to establish a solid ministry in the DR and than we'll continue our lives in the States. But my husbands visa is necessary so we can travel freely to and from the States. We need to go home for a few months to raise support and be with family. Last time I had our child in the States we were apart for 8 months...it's financially and emotionally taxing.

[Z & B 2]

I think some are unaware of some exceptions that there are to the rules for missionaries.

You might not need a immigrant visa but trying to get a tourist visa for someone that is married to a US citizen is often very difficult.

First exception for missionaries has to do with domicile relating to I-864

From travel.state.gov

“What kinds of employment abroad can be counted as U.S. domicile?

Employment temporarily stationed abroad with the U.S. government

Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General

Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States

Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute

Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.

Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States”

The second import exactions is missionaries can ask for Expedited Naturalization (citizenship), the rule states that:

a minister or missionary of a religious denomination having a bona fide organization in the United States

That means that as soon as you get to the US you can ask for citizenship. I have friends that have gotten it done in under five months.

I hope that helps

[pushbrk 13,168]

ok...so you're saying don't have my parents file an i-864a?? They should just file as co-sponsors? Please give me more detailed steps for the i-864.

I read on this very forum that after the immigrant receives his green card he is free to travel as he pleases as long as he is not out longer than 6 months...is that incorrect?

We just need two years to establish a solid ministry in the DR and than we'll continue our lives in the States. But my husbands visa is necessary so we can travel freely to and from the States. We need to go home for a few months to raise support and be with family. Last time I had our child in the States we were apart for 8 months...it's financially and emotionally taxing.

Apparently, you have not yet studied the I-864 instructions. Start there. They are excellent. One parent will be the joint sponsor. The other can provide an I-864a as a household member of the first parent/joint sponsor. The petitioner, you, always provides an I-864.

I already told you that no, your impression regarding the six months is incorrect but if he qualifies as a missionary per USCIS description then it's no problem anyway. Google "maintaining permanent resident status US" for the rest of that story.

I think some are unaware of some exceptions that there are to the rules for missionaries.

You might not need a immigrant visa but trying to get a tourist visa for someone that is married to a US citizen is often very difficult.

First exception for missionaries has to do with domicile relating to I-864

From travel.state.gov

"What kinds of employment abroad can be counted as U.S. domicile?

Employment temporarily stationed abroad with the U.S. government

Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General

Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States

Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute

Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.

Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States"

The second import exactions is missionaries can ask for Expedited Naturalization (citizenship), the rule states that:

a minister or missionary of a religious denomination having a bona fide organization in the United States

That means that as soon as you get to the US you can ask for citizenship. I have friends that have gotten it done in under five months.

I hope that helps

The above is good information too but no substitute for reading all about maintaining permanent resident status.

[BillyJean 0]

I think some are unaware of some exceptions that there are to the rules for missionaries.

You might not need a immigrant visa but trying to get a tourist visa for someone that is married to a US citizen is often very difficult.

First exception for missionaries has to do with domicile relating to I-864

From travel.state.gov

“What kinds of employment abroad can be counted as U.S. domicile?

Employment temporarily stationed abroad with the U.S. government

Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General

Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States

Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute

Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.

Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States”

The second import exactions is missionaries can ask for Expedited Naturalization (citizenship), the rule states that:

a minister or missionary of a religious denomination having a bona fide organization in the United States

That means that as soon as you get to the US you can ask for citizenship. I have friends that have gotten it done in under five months.

I hope that helps

The missionary organization we both work for is a qualified 501©(3) charity based in California.

Can you please better explain to me the part that I've underlined? Are we still talking about the CR-1 process? I have never heard of this before. Our concern is about getting INTO the US in the first place. The immigrant visa is the only solution we've found because, as you've mentioned, a tourist visa is impossible since we're married and are right in the middle of the CR1 process...

[Z & B 2]

I am trying to say, as a missionary, as soon as your spouse gets to the US on an immigrant visa, you can apply for citizenship and get it done in around five months. Then there is no reason to worry about maintaining permanent residence status because the spouse will be a US citizen. Usually one has to wait 3 years to ask for citizenship but missionaries can ask right away.

[A+B in Haiti 1]

We're also in this situation. We are missionaries in Haiti, and are applying for the CR-1 visa. We have our interview on Feb. 14th. There's a waiver you can apply for when maintaining permanent residence as a missionary. Check out document N-470 and the instructions.

We currently live in Haiti, and applied for the CR-1 visa (we've only been married a little over a year). We originally planned to be in the US during the summer months and spend the school year in Haiti, as our ministry is with a school. When we filed the I-130 in Port au Prince last fall and had an interview with them, we gave them the address that we intended to be our permanent address (my parents' address). When he asked about jobs, we told him what we would pursue if we lived in the States full time. We just left out the fact that we weren't planning to live in the States full time. Now that we are planning to be in the States full time, none of our answers have changed. It feels a little bit like deception, but I don't think you have to tell them that you plan to go back to the DR.