Question about filing under 319(b)

[danskim 0]

One of the requirements to file under INA 319(b) is:

"A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States"

What constitutes a valid presence in the United States? I couldn't find clear information about this.

[JimmyHou 611]

One of the requirements to file under INA 319(b) is:

"A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States"

What constitutes a valid presence in the United States? I couldn't find clear information about this.

Here's the text of the law:

"...or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States."

http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9934.html

To me, the use of the phrase "bona fide" seems to imply that there isn't a fixed definition and that it is something that will be reviewed on a case by case basis. I imagine that if your spouse is working for the Mormon Church as a missionary in Bolivia, you will probably be able to justify it. However, if your spouse's cousin started a church in his basement and he sent your husband to Paris as a missionary, you'll probably have a hard time.

Note the use of the word "soley", indicating that he can't be abroad on business while doing missionary work on the side.

[aleful 1,905]

hi

this is an employment visa so you have to think about is as the church or organization as an employer. the church or international organization, non profit organization has to be established and recognized in the US, have a place, pay taxes, have enough finances to employ you. Why should they bring you if they can have someone legal in the US to do the job? If you are a pastor, clergy, missionary, priest, why should they hire you and pay the immigration process and pay your salary, instead of hiring someone from the same denomination that is here and can do the same job?

[JimmyHou 611]

hi

this is an employment visa so you have to think about is as the church or organization as an employer. the church or international organization, non profit organization has to be established and recognized in the US, have a place, pay taxes, have enough finances to employ you. Why should they bring you if they can have someone legal in the US to do the job? If you are a pastor, clergy, missionary, priest, why should they hire you and pay the immigration process and pay your salary, instead of hiring someone from the same denomination that is here and can do the same job?

Employment visa? I thought the OP was talking about naturalization under 319b... meaning that the OP's poise works abroad and the OP wants to expedite the naturalization process in order to join his/her spouse.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

319b allows for exemptions from the physical pretense and continuous residence requirements for naturalization under certain conditions.