Missionary - green card

J

jbwarden

New Member
I am a US citizen living in Brazil. I married a Brazilian 9 years ago. She had a green card, but we came back to Brazil working for a Brazilian church and couldn't keep her green card.

I have been invited to work for a US based denomination as a missionary in Brazil. They are requesting that my wife get her green card. I know that being a missionary, she can keep her green card while she is in Brazil since she is planning on getting her US citizenship.

My question is where is the best place to start the process of getting her green card? Is it best to start in Brazil or go back to the US with her tourist visa and start the process there? I am confused as to what form I would need to file as well. If I start in the US, do I only have to file I-485 or do I have to file I-130 as well? If I start in Brazil, do I have to file both the I-130 and the I-485?

Thanks,

Jeremy
 
You will have to file an I-130 no matter where you reside. The part that varies is whether you file the I-485 as well (if in the US) or go through consular processing (CP) if you remain out of the country. Since your wife is not currently located in the US, you are supposed to follow CP because entering the US on a tourist visa technically does not allow for immigrant intent. Practically speaking, if you can successfully enter the US, you can go either way. The difficulty will be convincing the immigration officer at PoE that your wife has no immigrant intent.... rather tricky since you are married, especially if traveling together.
 
it'll take about a year for your wife to get a GC. And she still won't be able to keep it, since she is not going to work for the US govt abroad.

You should explain to your employer that those who take up residence in a foreign country (for example, your wife lives in Brazil) automatically lose their permanent resident status in the US. The condition of permanent residency in the US is LIVING IN THE US. Since your wife has no plans to reside in the US, she'll lose her GC again. All that money and time to get a GC would be wasted again.

Read info on www.uscis.gov - especially a guide for permanent residents.
 
LucyMO said:
it'll take about a year for your wife to get a GC. And she still won't be able to keep it, since she is not going to work for the US govt abroad.
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Not sure about that. There are special rules for missionaries and clergy, but they do carry specific conditions. The N-470 for example, allows a missionary to preserve their continuous residence for naturalization purposes, but requires a 1yr uninterrupted stay in the US after becoming an LPR before you can apply. A reentry-permit would also permit up to a 2yr stay abroad, but of course, does nothing to aid future naturalization.

I would agree that this is a bit of an odd situation. Why would the missionary organization require a representative to have a GC when they are residing outside the US?
 
The N-470 for example, allows a missionary to preserve their continuous residence for naturalization purposes. Why would the missionary organization require a representative to have a GC when they are residing outside the US?
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the missionary is a US citizen. His wife is a foreigner.
 
he may have meant it here:

I know that being a missionary, she can keep her green card while she is in Brazil since she is planning on getting her US citizenship.
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but he sure didn't say it here:

I have been invited to work for a US based denomination as a missionary in Brazil.
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Yes. She has been invited as well to be a missionary. Both of us would be hired by them. From what you are saying, if we apply using N-470, we will have to have lived for a year in the US. That would not be horrible or out of the question.

But the best way to start is to apply for her green card here in Brazil and once we have it move to the US for a year?
 
jbwarden said:
Yes. She has been invited as well to be a missionary. Both of us would be hired by them. From what you are saying, if we apply using N-470, we will have to have lived for a year in the US. That would not be horrible or out of the question.

But the best way to start is to apply for her green card here in Brazil and once we have it move to the US for a year?
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Yes - your wife will be needing the GC in order to accumulate that 1yr qualifying period for the N-470.
 
but if you are not worried too much about N-470, then she needs to get an immigrant visa (will take about a year), enter with it, become a legal permanent resident, apply for a reentry permit and establish some ties with the US. With a reentry permit, she may leave the States for up to two years. She needs to file US taxes anyway.
 
N470

We're in the same situation. My wife and I serve in Africa and need to be out of the country for more than 1 year. When we submitted the form for the re-entry permit they sent us one but it was for 6 months! Not sure what that was about. So I recently filed the N470, but have not lived in the US for one consecutive year. I have a friend in Africa who did the exact same thing. From what I am told the N470 is what allows you to accrue time towards permanent residence while abroad.
 
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