VISA Help - R1

[ben_the_jawa 1]

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...

[Boiler 45,525]

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?

 

 

[ben_the_jawa 1]

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

[geowrian 22,337]

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.

[ben_the_jawa 1]

Do you guys have much experience with people wanting R1 visas? I find very little information about this around the different forums. 

[Boiler 45,525]

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?

[ben_the_jawa 1]

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 September 2, 2017 by ben_the_jawa

[Boiler 45,525]

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.

[ben_the_jawa 1]

I didn't think to ask him that and I'm sure he can check!

[Penguin_ie 5,993]

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

[ben_the_jawa 1]

2 minutes ago, Penguin_ie said:

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

 

Thanks Penguin