Don’t forget that there are special citizenship provisions for spouses of US m*ssionaries. It is much easier than many people realize. It can be obtained with no required residence in the US. You will need to get a green card first, but then, if you satisfy the requirements, you can immediately apply for citizenship. This allows you to enter the US at any time with peace of mind. Please let me know if you have any questions.
If you are an R-1 Missionary and are receiving support from overseas, I want to encourage you to have your foreign supporters contribute directly to your R-1 employer. That way, your R-1 employer can use that money to pay you, and then, at the end of the year, your R-1 employer will be able to give you a W-2 or a 1099 form. You then can use those forms to file tax returns. And, as I said last week, you want to be filing US tax returns each year reflecting income from your R-1 employer. This will help you when you file for an extension of your R-1 or for a religious worker green card.
If you are in the US on an R-1 missionary visa and you are supported rather than receiving a regular salary, remember that you are allowed to do Deputized Fundraising for your employer. That is fundraising where the supporter gives the money directly to your employer rather than to you. Under the tax law as I understand it (I am an immigration lawyer, not a tax lawyer), the money has to be given to the employer without any direction from the supporter. But often there is a way to let the employer know who you want to support. Then the employer often passes the money on to the missionary (maybe with a small amount taken out for administrative fees). This is very common among mission organizations in the United States.
The reason this is important is that as an R-1 missionary, it is good if you can file tax returns each year. And if you want to file tax returns each year, you will need income from your R-1 employer each year and you will need a W-2 form or a 1099 form from your R-1 employer each year. Remember that you can only work for your R-1 employer, so you can only get salary/compensation from your R-1 employer (I will talk about foreign donations in a later post).
As many of you know, citizens of certain countries can enter the US without a visa. They are mostly European countries and countries such as Japan, South Korea and Singapore. The idea is that these are countries from which only a small number of people stay in the US illegally. The citizens of these countries are rewarded by being able to come for 90 days without a visa. Countries where a high percentage of people try to stay in the US are not allowed to participate in the Visa Wavier program.
However, there is growing concern that terrorists, like the ones in France, might use the Visa Waiver program to enter the US. Therefore, a recent bill has added new restrictions. People who are from Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen will not be allowed to use the Visa Waiver program, even if they are also a citizen of one of the Visa Wavier countries. More significantly, if a person even visits one of those countries, then that person will not be allowed to use the Visa Waiver program. That person may still be able to enter the US, but they will be required to get a visa.
The reason I am bringing this up is that you or your spouse could be a person who often enters the US on the visa waiver program, but you believe G*d is calling you to visit one of those countries. You or your spouse will still be able to apply for a visa to come to the US, but you will not be able to continue to come on the Visa Waiver program. This means that it could take longer and be more difficult to enter the United States after taking a trip to one of those countries.
I hope that all makes sense. It gets complicated. Remember, it is not stating that people will be forbidden to enter the US. It just means that it will not be as simple for some people.
Gunnar
Hi! This is my first blog post — Welcome to VisasForTheHarvest.com! Hopefully you will find this a useful resource to guide you through your immigration journey. In addition, for those who regularly live abroad, this will also provide information for you that will help you understand the impact of immigration law on your family as you raise them abroad.
I look forward to journeying with you through the mysteries of U.S. Immigration Law!
And, hopefully, we will see G*d’s goodness as we go.
Gunnar
For those of you who are mystified by the “*”, this blog will go to people in areas where these words can cause trouble. It is my way of helping reduce potential trouble.