NATO-2 to Permanent Resident (CR/IR-1)

[SamuelTheKitty 1]

I am currently a NATO-2 visa holder on assignment in the US with my US Citizen wife. Prior to obtaining my visa, we completed the I-130 submission which is still being adjudicated.

 

Upon receipt of the I-130 approval, we are considering pressing ahead with the remainder of the Consular Processing (Canada) and establishing my US Permanent Residency while concurrently continuing to serve on the  temporary assignment for which I was granted the NATO-2 visa. Remaining a US resident at the conclusion of the assignment will not a concern.

 

My desire to complete the process while in the US now is due in part to the fact that the domicile requirement for my wife will be a non-issue - usually a challenge for those coming from Canada - given we are currently located in the US. My question - is there any reason this won’t work? If for some reason the case goes into AP or is otherwise delayed, would there be any impact on my current visa? If everything goes smoothly, what would be the implications for my current NATO visa, given it is in my official passport (separate from my “personal” passport)? My intuitions tell me it would simply be cancelled.

 

Any insights anyone has would be appreciated.

[jan22 3,056]

Just to be sure I understand your plans —

1. You are go8ng to file the I-130 while in the US on the NATO visa, but indicate you will be applying for an immigrant visa in Canada, i.e., you are NOT going to file to adjust your status in the US;
2. While the I-130 is in process, you will continue to live in the US and do your NATO job;
3. When the I-130 is approved, and you have been documentarily qualified at NVC, you will return to Canada to attend your visa interview and remain there until the visa is issued;
4. After the visa is issued, you will enter the US using the immigrant visa and become a legal permanent resident;
5. You will continue with your NATO job until the end of the contact/assignment.

if the above is accurate, I don’t see any problem from an immigration standpoint.  There might, however, be an issue from an employment standpoint.  If you get placed into AP, you will likely not be able to use your NATO visa to re-enter the US to go to work even if it is not cancelled…the reason for the AP and the immigrant intent will be visible to an immigration officer at the POE, so even if the visa appears valid on its face, there is the possibility of being turned away at the POE.  
 

It will be a decision of the sponsoring country (I’m assuming Canada) as to whether they want to continue to be represented by someone who is a US LPR, as they might see a possibility that you can no longer fully reflect their interests versus that of your new country.  If you haven’t already discussed your plans with them, I urge you to do so.  You don’t mention whether you wife is employed and able to meet the requirements of the Affidavit of Support on her own, or if you are planning on using your continued salary to meet the requirements.  If the latter, it is critical to be able to prove your position and salary will continue.  You also will, BTW, lose any privileges connected with the NATO visa.

An easier path, IMO, would be to file the I-130 and, once it’s approved, delay the process at NVC until close to the time your NATO position is going to end and return to Canada after the position has ended.  Your wife will still remain in the US — likely for the about same amount of time as in your scenario.  You then enter as an LPR with none of the possible NATO complications.  If your wife cannot meet the AOS requirements, you can hopefully have a credible job offer ready or you can have a joint sponsor.

 

 

[SamuelTheKitty 1]

You pretty much nailed it. Only difference from your summary is the I-130 is already processing (submitted Feb 2024). Additionally, one can not AOS out of a NATO visa - it must be done via CP, hence the planned returned to Canada.

 

Your summary and the unknowns regarding a potential stint in AP lead me to conclude that the best course of action will be to wait until the conclusion of my assignment to complete the remainder of the process so as to remove my current NATO status as a aggravating variable.

 

Thank you for your response.