Advice

[catsutton148 2]

Hello fellow visa journey friends,

I'm looking for some advice. My husband (USC) filed the I-130 form and we have a NOA1 date of 17th October. I am heavily involved with a summer camp in the US (which is how we met) and have been offered a position there starting May 25th. They need to know whether I will be out to take it as soon as possible though. Do I take the risk and hope I will have my Green Card by then or is that far too ambitious? And if so should I go out there and just volunteer at the camp (I'm hoping to apply for a year round job with them at the end of summer) and fly home for my medical and interview? Ugh I hate the not knowing!!

Thanks,

Cat

[speedwell 224]

Hello fellow visa journey friends,

I'm looking for some advice. My husband (USC) filed the I-130 form and we have a NOA1 date of 17th October. I am heavily involved with a summer camp in the US (which is how we met) and have been offered a position there starting May 25th. They need to know whether I will be out to take it as soon as possible though. Do I take the risk and hope I will have my Green Card by then or is that far too ambitious? And if so should I go out there and just volunteer at the camp (I'm hoping to apply for a year round job with them at the end of summer) and fly home for my medical and interview? Ugh I hate the not knowing!!

Thanks,

Cat

Cat, you should not "volunteer" for a job that you will be paid for later when you get your green card. That's actually against the law. You can't accept volunteer work, no matter whether or not you actually get compensated, if the organization actually does pay, feed, house, reimburse, or otherwise compensate people for that job.

I see you filed through the NBC (your number starts with MSC). Your I-130 is very likely to have been transferred to your local office and will be approved "soon". Nobody knows in which local office your I-130 is sitting, whether you have a concurrent I-485 or AOS, or what is going to happen at the National Visa Center after your I-130 is approved and you have your medical and interview. I filed the day after you through MSC, and my I-130 is at the local office now. My husband and I are tentatively making plans to visit his family in the UK in April; he will be there and I will fly over to meet him unless we get an approval soon and zip through the remaining steps. I think the end of May is pretty safe assuming you don't run into any significant issues.

I'm assuming you are still in the UK. You can fly out to VISIT (not "live with") your husband and then fly back for the medical and interview if you want to. Make sure you do not overstay a visitor visa (90 days on the Visa Waiver Program; my husband booked his return ticket for 85 days). I recommend you also think of buying a non-refundable plane ticket with a return date a few days before the last day you absolutely have to return on your visitor visa and just taking the financial hit (change fee plus difference in fare) if it turns out you need to fly back earlier than you planned. (It's cheaper that way than paying for a refundable or changeable ticket.)

If you are now in the US, you can file for adjustment of status, but it may not make you able to work sooner than the I-130 path you are already on. Also, filing for adjustment of status is risky because you've already filed the I-130 and accepted a job offer in the US, so you really cannot successfully argue that you entered the country with no premeditated intent to stay.

Edit: Actually LOOKED at the OP's timeline.

Edited January 10, 2013 by speedwell

[NikLR 13,227]

I believe she wanted to volunteer at the camp and then apply to work there later that year. She didn't say anything about receiving compensation for her volunteer time.

You can volunteer there again or get a work visa to work there. Your spousal visa may be approved by then and it may not be. I would not be planning on it honestly. I am generally an optimist but concerning this process if it's done before a year, I'll be happily surprised.

[speedwell 224]

I believe she wanted to volunteer at the camp and then apply to work there later that year. She didn't say anything about receiving compensation for her volunteer time.

You can volunteer there again or get a work visa to work there. Your spousal visa may be approved by then and it may not be. I would not be planning on it honestly. I am generally an optimist but concerning this process if it's done before a year, I'll be happily surprised.

It doesn't matter. My husband wanted to do volunteer work for something to do while he was visiting me for a couple months. We found it was illegal for him to do any work, even if he was not paid, if anyone was compensated or reimbursed for the work. You can't, for example, so much as dispense soup for a soup kitchen if they customarily offer pay, shelter, food, expense reimbursement, or any other compensation, even if you refuse to be compensated yourself. The laws are not terribly clear but the penalties for engaging in unauthorized work, unfortunately, are quite clear.

[NikLR 13,227]

I think volunteer should fall directly under volunteer as in not compensated in any way besides for the good feeling you get in your heart. But I get your point They may offer a place to sleep etc which would of course would be compensation Can't even do something nice for people sometimes without it looking bad on yourself.

[speedwell 224]

I think volunteer should fall directly under volunteer as in not compensated in any way besides for the good feeling you get in your heart. But I get your point They may offer a place to sleep etc which would of course would be compensation Can't even do something nice for people sometimes without it looking bad on yourself.

I know, right? Because we have so many US residents busting their a$$e$ to volunteer in this country that we have to preserve every precious opportunity against encroachment by foreigners. (Where's the "spit" emoticon when you really need it? lol)

[catsutton148 2]

Thank you guys! Definitely helpful info!

Do you think it would be worth me applying for a J1 visa and travelling out on that in May to work and then flying home for my interview and returning to the US on my CR1? Or should I just wait it out. I'm just nervous my CR1 won't be approved in time.

Cat x

[NikLR 13,227]

To be honest I doubt it would be and I wouldn't count on it. But if you come to work/volunteer etc, you'd have to be prepared to go back, get the medical and interview done when it's ready to do which may mean leaving the job for an indeterminate amount of time. The worst thing about this process is the "not knowing" but such is life. We have to work with what we have until that day when you get your passport back with everything you need to immigrate.

[pushbrk 12,883]

I think volunteer should fall directly under volunteer as in not compensated in any way besides for the good feeling you get in your heart. But I get your point They may offer a place to sleep etc which would of course would be compensation Can't even do something nice for people sometimes without it looking bad on yourself.

Unfortunately, it doesn't matter what you think "should be". It only matters what "is". These laws are not about preventing people from being paid. They are about protecting "jobs" for people authorized to have the jobs.

[catsutton148 2]

Does anyone know roughly how long it takes between NOA2 and your interview?

Cat x

[The Mean Lady 604]

you will need to look at timeline statistics for an idea of that as they vary vastly between countries.

[pushbrk 12,883]

Does anyone know roughly how long it takes between NOA2 and your interview?

Cat x

It first depends on how efficiently YOU handle the NVC portion. You'll be paying two more fees and mailing papers three more times after the petition approval. Once you're finished with NVC, it will depend on whether there is a backlog at that time at that Consulate. Time to become an expert on the NVC shortcuts.

you will need to look at timeline statistics for an idea of that as they vary vastly between countries.

The country CAN make a difference and if it's Canada or Ghana, a big difference but the most important factor depends on the couple themselves and how they deal with NVC. This is a spouse case, not a fiancee case.