SamuelTheKitty

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.

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.

I’m currently living in the USA temporarily on a NATO-2 visa with my USC wife. After this posting, we are planning on returning to the USA from Canada at the end of my time in the military, so in the mean time I am trying to set the conditions for that eventual return while we enjoy our time here in the interim. I’ve recently applied for and received my SSN card annotated as “valid for work only with DHS authorization”. Other than calling my bank and credit card (RBC Bank through their cross border banking and American Express) and having my SSN added to my banking/credit card profile with a W-8BEN form, is there anything else I should do to ensure I am starting to build a US credit rating? Thanks!

@pushbrk thank you for providing further detail on my original post - I really appreciate it. However, I revived this thread to ask the follow up question quoted above.

I have a further question related to this thread as my wife and I continue to architect the next 18 months of this process. We have determined that it would be best for my USC wife to take up residence and obtain employment in the US prior to my interview so as to mitigate the risk of refusal due to insufficient evidence of domicile. A joint sponsor for us is theoretically possible, but it would require imposing on friends/acquaintances in the US instead of family members, which we are reticent to do. While several months of separation is not ideal, she would likely take up a position that met the income requirements for our household size (2), while being located close enough for us to spend our weekends together across the border in Canada. Once at the NVC stage, our plan would be to use strictly assets for the initially submitted I-864, in addition to other evidence of intent to establish domicile (SSN, voting record, professional licensing, etc.) in order to clear the DQ hurdle. Once DQ'd, my wife would obtain a short term month to month lease (we'd ultimately move elsewhere once I received a visa) and a position at a US firm inside the US while I wait for my interview. Then, when I present before the CO at the interview, I would bring a copy of her lease, evidence of her updated voter registration, new driver's license, as well as a new I-864 that would be supported by her pay stubs from her new US position. Presenting previous tax transcript showing the required income will not be possible as she exercises the FEIE each year which reduces her taxable income to $0 or close to $0 on her 1040s. My question is - is this a viable plan? Specifically, would pay stubs from an employer satisfy the requirements for the I-864, absent any other evidence of income? If is is not an optimal plan, what adjustments should we consider?

@Chancy - thanks! I'll go have a read. Any other anecdotes that people can offer are always welcome.

Fair enough. Does anyone have any anecdotal evidence for extending a timeline beyond continuous completion and one I am proposing (~5 years post I-130 approval)? I'd like to get a sense of what has actually been achieved given my inquiry, while theoretically possible, sounds relatively extreme.

The sum of the question is mostly in the title. I understand most questions regarding this process are how to speed it up. However, in my situation I’d like the flexibility to slow it down. My wife would be the USC petitioner. Currently our plan is to relocate to the US at the end of the decade. However, we’d like the option space to accelerate that timeline if our plans change. I understand one can draw out the process at the NVC stage by slow rolling fee payment, document submissions, etc. However, using these techniques only, strikes me as buying time limited to about half the period I’m looking for. Does anyone have experience or anecdotal evidence that the process can be extended after exhausting these “official steps” simply with letters to NVC requesting the case be kept active? Finally, in case the additional context is useful, we’d be immigrating from Ontario, Canada.

@Redro, This is very helpful context and certainly will shape how we frame and execute our plan. Thank you so much!

Redro, I will certainly look through that thread to see what others experiences have been. Thank you for the link! To answer you question, some of the things we will present as evidence showing intent to establish a domicile off the top of my head would be Wife will have SSN and be up to date with the IRS; Wife will taken steps to obtain her social work license in the state of intended domicile; We will have both opened US bank accounts and transferred money into them; I will have obtained the appropriate FAA licenses to enable me to be hired as a pilot in the US; and We will both be able to demonstrate we're seeking employment. A challenged faced by us will be that due to the nature of my work (pilot), where we end up settling will be contingent on where I secure work. Consequently, I won't know where I'll be based until after I am hired. As such, we'll be in a bit of a chicken and the egg scenario.

Thanks for all the responses! It sounds like we'll likely only need to complete the I-864. I have a few more follow on questions. Provided we showed intent to establish a US domicile during the process and my wife relocated prior to my interview, would that clear the bar required by Montreal? Instead of using only assets, would it be an easier process if I was collecting my pension - a source of income that would continue after my move? Thanks again.

Yes - she has brought herself into IRS compliance through the streamlined procedure and is filing normally now. She makes her income in Canada and is able to bring her US tax owning to zero via the FEIE. However, when we move, this income will cease as she'll seek out a job in the US.

I have searched for hours regarding this question, but I can not for the life of me find a definitive answer. Just when I think I have, I find another source worded a little bit differently that once again casts doubt on any certainty. My situation: My wife and I live in Canada (no kids). She is a USC (passport holder) who has never lived USA. We are planning to relocate to the USA and will shortly begin the process for her to sponsor me for PR. We have a solid plan to demonstrate a compelling intent to establish a US domicile when we get to that point in the process. At this point, we are planning to relocate together upon my receipt of a visa. Ideally, the timing of submission would enable me to cite my pension income for the purposes of the I-864. However, we will likely start this process before I am actually drawing my pension, and thus will need to go the asset route. I have more than enough liquid assets to satisfy the asset requirement, even if neither of us show can show any income from a US source when we move. My understanding is we will be subject to the 3x requirement, but perhaps someone can't check me on this. In sum, we currently live together in Canada, our household size is 2, and we will be using my assets. We do not intend to use, nor do we have the luxury of, a joint sponsor. My question: If we are using only my assets, do I need to fill out an I-864A? Do these assets need to be located in the USA? If so, for how long? To the second question, I know the FAQ states that assets don't need to be located in the USA to be leveraged in this way, but I have a few anecdotal accounts from people who have gone through the process and were told in their interview that the assets needed to be located in the US. As a result, they needed to scramble to find a joint sponsor, an option my wife and I will not have, as she has no family remaining in the USA. Any clarity that anyone could provide would be immensely appreciated.