AOS forms at NVC stage for petitioner living abroad

[ClemsonC 62]

Hello,  

We are currently living in Canada until my wife and step daughters visa is approved.  We are at the NVC stage right now.   I intend to move back to the US just before their interview to reestablish domicile. I will be doing a work transfer from my currently employer, to an office in the US.    Do I need to find a joint sponsor in the meantime to proceed with the NVC package? (My income when I move to the US will be enough that I do not need a joint sponsor.  

 

 

[pushbrk 12,877]

21 minutes ago, ClemsonC said:

Hello,  

We are currently living in Canada until my wife and step daughters visa is approved.  We are at the NVC stage right now.   I intend to move back to the US just before their interview to reestablish domicile. I will be doing a work transfer from my currently employer, to an office in the US.    Do I need to find a joint sponsor in the meantime to proceed with the NVC package? (My income when I move to the US will be enough that I do not need a joint sponsor.  

 

 

No joint sponsor needed if  your income will continue from the same source once you're in the USA.  Document this with an offer letter from your current employer confirming your job transfer.

[ClemsonC 62]

5 minutes ago, pushbrk said:

No joint sponsor needed if  your income will continue from the same source once you're in the USA.  Document this with an offer letter from your current employer confirming your job transfer.

Its a major manufacturing company, worldwide. The Canadian company is different then the US. Basically I will be quitting the one up here in Canada, to go to the one in Georgia. But the same company. I hope that's ok!  I do have emails with the plant in Georgia talking about taking a position down there once I quit up here.  It's an "informal transfer" . 

 

I hope that's enough. I also do have my US tax returns from reporting my Canadian income, my bank statements from my bank in the US, and a letter from my sister stating I will be living with her until my wife and step daughters visa is approved (which at that point we will sell the house in Canada and buy one in the US). 

[pushbrk 12,877]

2 minutes ago, ClemsonC said:

Its a major manufacturing company, worldwide. The Canadian company is different then the US. Basically I will be quitting the one up here in Canada, to go to the one in Georgia. But the same company. I hope that's ok!  I do have emails with the plant in Georgia talking about taking a position down there once I quit up here.  It's an "informal transfer" . 

 

I hope that's enough. I also do have my US tax returns from reporting my Canadian income, my bank statements from my bank in the US, and a letter from my sister stating I will be living with her until my wife and step daughters visa is approved (which at that point we will sell the house in Canada and buy one in the US). 

Emails with the plant in Georgia will not be enough.  Assuming it is the same company or same parent company etc. you'll need to document both the connection between the companies and include a formal offer letter from the Georgia "affiliate" (or whatever it is).  If it's as simple as XYZ Corp. Canada, and XYZ Corp. USA, it's pretty simple.  What you'll need to do depends on the actual circumstances.  If you cannot adequately document that the income will continue from "the same source" then you'll need a joint sponsor to get past NVC.  If you make the transfer before the interview, you can submit an updated I-864 and withdraw the joint sponsor's affidavit.

[ClemsonC 62]

9 minutes ago, pushbrk said:

Emails with the plant in Georgia will not be enough.  Assuming it is the same company or same parent company etc. you'll need to document both the connection between the companies and include a formal offer letter from the Georgia "affiliate" (or whatever it is).  If it's as simple as XYZ Corp. Canada, and XYZ Corp. USA, it's pretty simple.  What you'll need to do depends on the actual circumstances.  If you cannot adequately document that the income will continue from "the same source" then you'll need a joint sponsor to get past NVC.  If you make the transfer before the interview, you can submit an updated I-864 and withdraw the joint sponsor's affidavit.

It will be as simple as XYZ Corp Canada to XYZ Corp USA. 
I’m hoping to be there by May as we’re still early in the NVC stage (even though it’s been 16 months in it but since we have had contact with NVC it’s ok).  My wife and kids will likely not have their interviews until end of 2022 going by Montreal timelines.  

I guess the best bet is to see if my sister will joint sponsor and then in the summer I’ll  withdraw hers. 
 

Thank you for your help!

[pushbrk 12,877]

3 minutes ago, ClemsonC said:

It will be as simple as XYZ Corp Canada to XYZ Corp USA. 
I’m hoping to be there by May as we’re still early in the NVC stage (even though it’s been 16 months in it but since we have had contact with NVC it’s ok).  My wife and kids will likely not have their interviews until end of 2022 going by Montreal timelines.  

I guess the best bet is to see if my sister will joint sponsor and then in the summer I’ll  withdraw hers. 
 

Thank you for your help!

It seems the "best" would be to get the offer letter and documentation I described.  Why do you think otherwise?

 

[ClemsonC 62]

8 minutes ago, pushbrk said:

It seems the "best" would be to get the offer letter and documentation I described.  Why do you think otherwise?

 

Sorry for any miscommunication. I believe your advice is the best to follow. 
 

Since I am not in a position to go to Georgia until May, they won’t give me an official letter to transfer/accept until closer to the time. 
Our little guy has autism, so I want to stay in Canada as long as possible during the school year to help. 

[SalishSea 17,820]

1 hour ago, ClemsonC said:

Sorry for any miscommunication. I believe your advice is the best to follow. 
 

Since I am not in a position to go to Georgia until May, they won’t give me an official letter to transfer/accept until closer to the time. 
Our little guy has autism, so I want to stay in Canada as long as possible during the school year to help. 

You could go the route of joint sponsor for NVC purposes if you have someone who is eligible and willing.    Perhaps then by the time the interview rolls around and if you’ve gone to the US to set up domicile, start the new job etc, your wife can bring an updated I-865 with supporting documentation to reflect the change.  Good luck.

[mam521 2,062]

I suspect if you have your sister as a joint sponsor until the interview, get the proper employment letters as stated previously, you shouldn't have any headaches getting through the mess.  Montreal has sped up somewhat, so that's something!  If you want to see how the wait is from DQ, have a look at the link in my signature.  There is also a link to some FAQ's for IR/CR recipients going through the Montreal consulate.  We've got a pretty active thread.  It's advisable to read back a few pages to get the gist of what's going on.  Message Hawk Riders to be added to the spreadsheet.  

 

I have kids and we went through the process, so if you have any questions, let me know.  Good luck!