can my British spouse volunteer in the U.S. with a pending K3 visa?

[nellieandsimon 0]

I am a U.S. citizen and I married my British spouse in England last August. She has come to the U.S. without problems under the VWA several times since we filed for her K3 visa (she always carries a return flight and ample proof of her foreign residence and her obligations to return, such as letters from employers, doctors appointments, etc.). We are interested in having her volunteer in the U.S. during a visit, and we are unsure if that is safe. We have been consulting with our immigration lawyer, the U.S. Immigration Service, the Department of State, Customs and Border Patrol, the U.S. embassy in London, as well as various unofficial online resources (such as programs for British who want to volunteer in the U.S. and have heard mostly consistent answers and are trying to piece together the full answer. The most consistent piece of information that we have learned is:

A foreigner who enters the U.S. under the Visa Waiver Act (what Nellie

has done every time she entered the U.S. before and during her

immigration process) is allowed to volunteer in the U.S. within their

allowed stay (89 days), as long as they:

- are a member of the organization for which they are volunteering

(which Nellie can easily become of CHA, and which we both have been

meaning to do anyways)

- volunteer for a non-profit organization which benefits the local

community (CHA certainly qualifies)

- accept no remuneration (payment). they are, however, allowed to be

compensated for incidentals (travel, accommodation, etc.)

- do not have a pending immigrant visa

We have also learned from multiple sources that you may not volunteer in the U.S. with a pending immigrant

visa. We feel certain that her pending K3 visa is a NON-immigrant visa, however we are unsure if the I-130 is a pending immigrant visa. We are also unsure if her pending K3 will affect her ability to volunteer in

the U.S., or if volunteering in the U.S. will jeopardize her pending K3 visa.

We obviously want to be certain beyond a shadow of a doubt that she is safe to volunteer in the U.S. under the circumstances of her pending K3 visa and I-130, and we would greatly appreciate any advice. Thanks and cheers,

[YuAndDan 153]

You have TWO visas in process, K-3 NON-Immigrant, and CR-1 IMMIGRANT visa processing.

K-3 is intended to allow entry while the IMMIGRANT visa (I-130) is pending.

Note K-Visas are NON-Immigrant, however they do have IMMIGRANT intent.

http://www.visajourney.com/timeline/profile.php?id=58825

Edited December 13, 2008 by YuAndDan

[nellieandsimon 0]

Ok thanks - so from what you've said I assume that my spouse can NOT volunteer in the U.S. Does anyone have any more specific experience or wisdom on the topic of foreign spouses volunteering in the U.S. with a pending I-129 and I-130? By the way, the day after i started this topic i received approval of both the I-129 and I-130 at the same time. I'm not sure if this makes any difference, but again all advice is welcome. Thanks,

[cris11 0]

Congratulations to you approve