Foreign Spouse Volunteer while visiting

[smrowe 12]

My Canadian husband is currently in graduate school (in Canada) and has finished all the requirements for his degree. We've submitted our I-130 and are in month 3 of processing. Since his obligations at school are finished we're talking about him coming for an extended visit, starting just before Christmas and ending just before his 180 days that he's allowed as a tourist are up. He will be getting fellowship money at that time from his Canadian institution and will not attempt to work. He would, however, have the opportunity to volunteer with several academics at the university where I work (public, nonprofit). He would get no form of compensation from them. We intend for him to return to Canada when his 180 days are up, or when he has to return to complete his visa process, which ever comes first. My question is - is that type of volunteering allowed while he's here as a tourist, or does that fall under a different visa category that we'd have to worry about? What type of documentation should we get that it is his intent to volunteer (not work) while he is visiting, and that he will return to Canada when the 180 days are over? Would we run into trouble bringing some of his personal belongings (such as books and a bookcase - he is an academic after all) with us into the States (land crossing)? As far as I can tell we will be doing everything within the bounds of immigration law, but I'm super freaked out that we've overlooked something, or that we'll be looked on with suspicion and denied entry. Any other general suggestions of what we can or should do in this situation? Thanks in advance for any help.

[Dakine10 5,452]

My Canadian husband is currently in graduate school (in Canada) and has finished all the requirements for his degree. We've submitted our I-130 and are in month 3 of processing. Since his obligations at school are finished we're talking about him coming for an extended visit, starting just before Christmas and ending just before his 180 days that he's allowed as a tourist are up. He will be getting fellowship money at that time from his Canadian institution and will not attempt to work. He would, however, have the opportunity to volunteer with several academics at the university where I work (public, nonprofit). He would get no form of compensation from them. We intend for him to return to Canada when his 180 days are up, or when he has to return to complete his visa process, which ever comes first. My question is - is that type of volunteering allowed while he's here as a tourist, or does that fall under a different visa category that we'd have to worry about? What type of documentation should we get that it is his intent to volunteer (not work) while he is visiting, and that he will return to Canada when the 180 days are over? Would we run into trouble bringing some of his personal belongings (such as books and a bookcase - he is an academic after all) with us into the States (land crossing)? As far as I can tell we will be doing everything within the bounds of immigration law, but I'm super freaked out that we've overlooked something, or that we'll be looked on with suspicion and denied entry. Any other general suggestions of what we can or should do in this situation? Thanks in advance for any help.

As far as volunteering vs work, USCIS views work as any activity which is performed for any kind of compensation or benefit, or if the position is one that another person would customarily be compensated for or derive benefits from, or if the alien volunteering expects to derive some future compensation or benefit. The volunteer work must also not be in an area that falls under the DOL's minimum wage requirements.

It's always been kind of a grey area. The problem is that USCIS's interpretation is both broad and somewhat subjective. There is a risk of denial by disclosing this intent before hand, and of course there's a risk of unauthorized employment by not disclosing it. Also be wary if the prospective volunteer work is in a field related to the volunteers current area of vocation.

[smrowe 12]

Also be wary if the prospective volunteer work is in a field related to the volunteers current area of vocation.

Hmmm, that could make things trickier, since we are all in the same field. What do people have to do normally if they want to visit and pick the brains of their colleagues?