Missionary - green card
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 couldnt 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.
itll take about a year for your wife to get a GC. And she still wont 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, shell 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.
itll take about a year for your wife to get a GC. And she still wont be able to keep it, since she is not going to work for the US govt abroad.
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?