Kathryn Baer

Yes, he can petition you from anywhere. He must be a financial sponsor via an I-864. If he doesn't meet the requirements, he will also need a joint sponsor to file an I-864.
As noted above, Montreal is very strict on US domicile. But I don't want to beat a dead horse as that has been well covered already.
 
Where it is based doesn't really matter, but it must be income from a source that will continue upon return to the US. Generally, foreign-based jobs won't meet this requirement (but obviously some do, such as those engaging in border living as one example).
 
I'll just note that he must be filing US federal income tax returns even when working abroad...USCs and LPRs are taxed on worldwide income.
 
Correct. If born abroad and he qualifies to transmit citizenship to his child, then a CRBA is necessary to recognize the child's citizenship. Then they can get a passport.
If born before the visa is issued, he must include the child in his household size.
 
Congrats on the pregnancy.
 
Joint sponsor* And yes, a joint sponsor are permitted for an immigrant visa. A joint sponsor must be a USC or LPR domiciled in the US. One parent would be a joint sponsor and use an I-864, while the other should complete an I-864A as a household member.
 
As for income, they follow the same rules. There's no way to determine their household size based on the info provided. In a more general sense, they need to include:
Himself/Herself Their spouse Any under-21 children Any other dependents they claimed on their most recent tax returns, if any Any other immigrants still sponsored by a different, executed I-864, if any. Do NOT include the petitioner or the petitioner's family (except as noted above).
The exact rules are in the I-864 instructions.

He needs to show actual ties to the US, not just calling it home...
Like a place to live, job, investments, etc etc.

Nice!!  I wish you the best.  It is generally easier to prove domicile when the US citizen has relocated to the US.  At minimum (and it depends on what the consulate wants), he will have to prove ties to the US such @Roel stated.  Your husband's Affidavit of Support will have to show income which will be continuing after relocating to the US.

So I know my fiance needs to make 125% of the Poverty Guidelines (file:///C:/Users/Kathryn%20Banman/Downloads/i-864p.pdf) 
But, he has only had full-time employment since September 2016. His W2 for last year is about $7000 (so for 3.5 months of work). He would make the Poverty Guideline, but because he was in school and obtained full-time employment last year, and it's his first time filing for taxes, do you think there's any way it would work when proving he can provide for me when we go in for the interview? Or would we have to get co-sponsorship?

He can call and try to inquire. Not sure exactly how much info he would get honestly. Have him try to get tier 2 person.
 
The timelines here and on USCIS are just that, estimates... your case file may have ended up somewhere in a stack on someones desk who took vacation for 2-3 weeks and hence the delay or just they are backed up/slower than others.
 
As to his employment, it could affect the process come the interview as they like to see previous tax returns/W2's and current pay stubs to show income. He needs to be able to show he can provide consistently for you.
 
As to you "showing you can support yourself", they do not care about what you do for work or your potential even really, your money(savings, assets, whatever) are not taken into account for the K-1 process. What you do for work now does not matter either as you will be unemployed as soon as you leave for the US and unable to work for at least 2-3 months once you're here (while waiting for AOS if you were to marry and apply right away).
 
It's tough, but those are the hard facts about the process....

The VJ estimate started out at several months then shifted forward considerably and stayed there just like you're describing. And yes, it was pretty spot on once it settled down. We went from an initial estimate of late November to early October and received NOA2 on October 6th. So I think it's fair to be hopeful

It's accurate, but it's hard to wait I'll admit! I think the times slowed way up in December and January of this year but really not enough to affect the K1 overall visa time of 3-6 months total. Good luck and keep yourself busy with other things or you will go stir crazy waiting for NOA2 and then after that you will wait for it to arrive at your embassy/consulate, then after that your interview/medical, then after that the results and waiting for issued from CEAC, then for your Visa in hand.....see where I'm going with this? haha
 
 

First, be patient as best as possible. The averages here always are going to fluctuate a bit; but they are fairly reliable.. I never really paid attention to the time line when we were waiting on our NOA2, and it came pretty fast; but I also set myself up for the 3-5 months waiting period before thinking we would get it.
 
I think average now is still 2-4 months.

Hi guys, 
 
My fiance just called NVC and we have our case number. We are moving forward to medical.  

Importing your car at this time vs when you have your K1 will be expensive.  You'd have to pay full duty on it.  If you sell it to him either before or after, the duty needs to be paid.  If you import it after obtaining your K1 you shouldn't have to.  
 
I also wouldn't bet on the CBP allowing you to cross for such a long stay.  

Oh.. not sure about vehicle ownership laws between the US and Canada. 
This official CBP site says 6 months, but the standard definition I've read everywhere is 180 days. 

I would continue on with the K-1 if you're nearing the NOA2 time frame honestly. Obviously there's pros and cons to each visa type; but if you're this far a long perhaps it's better just to ride it out. No one can specifically tell you which is better. That is purely up to you and your SO.
 
 

You seem like a pretty sensible well rounded young adult.  You have it more together than people more than twice your age.  I think there were some things you wanted that you realize now aren't possible without some working around.  Don't mind the naysayers or people who want an in-depth look at your life, you really do NOT need to explain yourself. 
 
Keep on keeping on!  I think you'll do well.  Best of luck. 

Honestly, our K-1 interview in Montreal was exactly 5 months from the date we sent the I-129F, only reason ours took so long was because we got a 221g for more documents Some people are lucky, if you are diligent in getting an interview appointment, you can find them pretty fast, and you can get in pretty fast. Montreal is seen as notoriously slow on things like AP and opening up interview dates. It comes down to almost luck and how often you check it.

As for working, if you come in K-1, don't expect to work until 90 days AFTER you file for AOS, and that's assuming everything goes well. I know there were a couple of people who AOS'd the same time as my husband that didn't get it til 110 days after filing.

So if it takes you guys 60 days to get married, and another say 20 to file AOS, you won't be working for another 90, you'll be without work for at least 170 days, and that's if you got a job the DAY you got approved for EAD (which probably wouldn't happen). A lot of people young and old are surprised by the cost and the stress it causes when one isn't able to work. 


Either way, there's some people where age is going to be an obvious issue. I don't think you're one of them for the most part.

You have to go to one of the approved clinics listed on the Montreal Consulate (the Embassy is located in Ottawa) website.  Some Canadians prefer to extend their stay in Montreal and do it all at once (Medical exam and interview), others do two trips - depends on your personal preferences, resources (time and $$) and location. 

When I got married, my cousin knew that immigration in either direction would be about a year.  He wrote in the card he gave us, what is a year in a lifetime?  Sure, because of circumstances we didnt live together that first year, but now we're headed to our 5 year wedding anniversary.  Marriage isnt something you can rush.  It happens along, for better and for worse.

Hi there OP, I am late to the thread but I will add my two cents worth. I tend to lean toward the CR1 visa myself, as it is cheaper in the long run, and you don't have to go through all the other stuff before you can travel or work (which, from what I have read, can take a long time). I went with CR1 and was able to visit my husband with no problems or issues throughout the process. When I was issued the visa I was able to work and travel immediately after I emigrated. If I were in your shoes with similar circumstances, I would marry in Canada with everyone present and then file an I-130 for a CR1. Your father's presence is obviously very important to you and to your parents, and just because they have cleared your father does not mean that the border guard on duty will see it that way. It is ALWAYS up to the CBP on duty whether to allow entrance to the US. Even people with a visa can be turned away on a technicality that a guard imagines they see.. If this is that important, I would not want to risk that my father would be turned away by a newbie, or someone that thinks they know more than they do. They have that power (unfortunately).
 
As I said, just my humble opinion...best of luck whichever way you choose to go!

I am a fellow GE card holder and my approval did not go any faster than folks who applied around the same time as I did. For what it's worth, knowing that you got GE will most likely give you peace of mind that you most likely will pass the background check. (One less reason to get an RFE).

A "common law marriage" actually has legal weight in some states.
States That Recognize Common Law Marriage
Only a few states recognize common law marriages, and each has specific stipulations as to what relationships are included:
Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only) Ohio (if created before 10/10/91) Oklahoma (possibly only if created before 11/1/98. Oklahoma’s laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.) Pennsylvania (if created before 1/1/05) Rhode Island South Carolina Texas Utah

Technically, you can do the ceremony and not get married. However, USCIS tends to view this with a lot of scrutiny in areas where it's not the custom to have such a ceremony (i.e. in Vietnam, an engagement ceremony is customary). Their concern, and unfortunately it's warranted, is that people get married anyway and still use the K-1 process to enter the US. It's generally better to just forego any such pre-wedding ceremony as to not raise any such concerns, even though you aren't doing anything wrong. Better safe than sorry.

This is just my opinion based on being a member here. I would personally avoid any ceremony that 'could' suggest that you are married, it is more difficult for you to prove that you aren't than you being married. Even though you wouldn't be married, it's not worth the potential problems you could face if they decide to flag it up, saying nothing won't mean that it won't get out somehow or somewhere (Facebook can be the devil with things like this, so that would be a no no), so just my opinion.... avoid doing it, it's just not worth it. Do the ceremony with family and friends after you're approved AP, I'm sure they'll understand.