So you have your R-1 petition approval? What is next? If you are outside of the U.S., you need to apply for an R-1 visa at your nearest U.S. Embassy or Consulate. If you are in the U.S., and you want to travel, you will need to go to an U.S. Embassy or Consulate to get an R-1 visa before you return to the U.S.
In January I wrote about applying for a visa at a Consulate. Now we will discuss the particular considerations that you need to have if you are applying for an R visa. But first I want to discuss whether or not you should apply for an R visa.
Of course, if you were out of the US when your sponsoring/employing organization filed the petition, you need an R-1 visa in order to come to the U.S. You don’t have a choice. However, if you changed status to R-1, or extended your R-1 status, then you need to decide if you want to take the risk of filing for an R visa — the same considerations apply whether you are the primary R-1 applicant or an R-2 dependent.
What I am talking about is that it is becoming increasingly risky to leave the US to apply for an R visa. I am not sure exactly why. I think that there has been increased pressure for the consulates to “vet” the visa applications. It used to be that an R visa denial was very rare. Now, it is not uncommon. A number of the denials, in fact were based on improper reasons, and I would get conflicting answers when I requested explanations. And now, the US Department of State has even changed the rules for approving R visas. It used to be that they were supposed to treat the USCIS Approval as binding unless they find something that the USCIS didn’t know about — but now they have more freedom to question the approval itself. And I have been seeing an increased amount of questions that reflect what the consulate staff wants to see and not what the statute requires. For example, the position may not require a theological education, but the consulate officer may ask the visa applicant why they don’t have a theological education.
The other problem is that the consulates seem to be increasingly strict about making sure that the position pays enough to cover the visa applicant’s needs. The R statute and regulations are quite flexible on income — it doesn’t have a minimum, it just requires compensation. I deal with a lot of m-ssionaries who have quite low incomes, and I have been always able to get approvals for them. However, lately, some consulates have been more demanding in this regard to income as well.
I am not saying that you should not apply for an R visa. Most of my clients still get their visa applications approved. What I am saying is that it is more risky than it used to be, and I recommend only applying for a visa if absolutely necessary. It would be sad to spend all that effort and money to get an approval from the USCIS only to lose it all because of a denial at the consulate. Once the consulate denies you, you will not be able to come back to the US in R status unless you can convince them to change their mind — which is very difficult.
Now, back to what you need to do. Last week I discussed the general outline of applying for a visa. Now, I will briefly discuss what you need for an R visa. In general, it is the same as what I wrote last week. The additions are that you need a letter from your R-1 employer confirming that the terms of the R-1 petition are still in effect and that you will begin working with the R-1 employer as soon as you enter the US in R status. If you have already been working for the R-1 employer, you should bring proof that you have been paid.
You also need to be ready to discuss you’re the nature of your R-1 employment — what the job requirements are (education, work experience, etc.), and the religious nature of the employment. If there are educational or experience requirements you will need to have proof that you completed these requirements. It is very important that you are able to explain the r-ligious nature of the position if it is not a typical m-nister or m-ssionary position. I have been able to get R-1s for a variety of positions that are not what you would necessarily think of being “r-ligious” positions. These are positions that are typically “secular”, but in this case have a strong “r-ligious” emphasis. Too often, my clients just want to say, I will be a teacher or mechanic or a video editor or a camp director. You cannot get an R visa for being a teacher or mechanic or a video editor or a camp director. You can only get an R visa for being a r-ligious worker. You need to explain how your position is r-ligious — how you will be teaching r-ligious subjects or teaching them in a way that emphasizes G-d’s truths, or, as a mechanic or camp director, working with students or young people to mentor them sp-ritually as they work with you or attend the programs at your camp or how you will use your editing skills to produce videos that communicate the truths of the B-ble.
You also need to be able to explain what the compensation is that you will be receiving. Sometimes this is simple — if you will be receiving a regular paycheck. But if it is food and housing that your employer will be providing to you, you need to be able to explain that to them. Many times, people come to the US as m-ssionaries on a B visa and they are given room and food to allow them to stay here and serve. That is not compensation. But, when a person is here on an R visa, that becomes compensation. That can be confusing, but it is an important distinction.
In summary, most people with R approvals from the USCIS will get their R visas. However, you need to be prepared. The R Visa interview can be difficult and you need to be ready to discuss the most common issues that may come up.
I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.
Gunnar Armstrong
757 Appleton Road, Elkton, MD 21921