Recieved a 221G, but for an unusual reason...wanted to see if anyone has experience with this particular situation

[Ebunoluwa 6,136]

Is it possible for us to take it now?

That is on discretion of your CO. Contact him/her.

Nobody can give you the answer to how they would react to you changing your mind.

[NikLR 13,220]

Let me try to clarify things a little. Sometimes in cases, you are in AP for a very long time. Days, months, years, it can be extremely fast or extremely slow. There have been cases where after being in AP for a long time, several months even, that people were denied the visa. They were told the are approved, go into AP, then receive word after some time that there case is denied and being sent back to USCIS. I have only seen this happen with K-1 visas though. Not CR1 or IR1. Not saying it hasn't happened, but I haven't seen it with anything else but a K1. If anyone has, feel free to post links please.

Irrelevant for the OP. They chose to go into AP to assure an IR1 visa. Considering the medical expires after their anniversary date this was a total non-issue and not necessary. You have 6 months from the medical to enter. That is the expiration on the visa. If entering after 2nd yr anniversary you are automatically converted to an IR1 vs CR1.

Many IR1/CR1 go into unknown AP due to security checks etc. Some are sent back to the USCIS. An approved I-130 doesnt expire like an approved I-129F.

[kausar 26]

Is it possible for us to take it now?

Relax. I dont think it is going to create any problem. Send the medical and passport as CO told. The note of CO in this regard will be available in the record and visa will be stamped.

[Meg&Andrew 297]

Irrelevant for the OP. They chose to go into AP to assure an IR1 visa. Considering the medical expires after their anniversary date this was a total non-issue and not necessary. You have 6 months from the medical to enter. That is the expiration on the visa. If entering after 2nd yr anniversary you are automatically converted to an IR1 vs CR1.

Many IR1/CR1 go into unknown AP due to security checks etc. Some are sent back to the USCIS. An approved I-130 doesnt expire like an approved I-129F.

Yes you are exactly right. Which is why I told the OP that I have never seen such a thing with the CR1 or IR1. She said she couldn't understand what the person meant by going into AP then them denying it. That's what the clarification was about. MY POST HAD NOTHING TO DO WITH THE ORIGINAL POST. Only clearing up what was said about going into AP then being denied after some time.

[squareleg 69]

Hello all (:

So my husband had his interview on September 27th at the Mumbai consulate. The co asked him all the normal, run of the mill questions and within a few minutes she said his visa was approved and gave him all the necessary paperwork. He told her we would like to wait until our second wedding anniversary, which is in March, to travel to the states, so we could avoid having to lift the conditions in 2 years. She gave him 2 options, either he could take the CR1 visa, or she could give him a 221G for a new medical exam, we get the exam in January of 2017, and submit it along with his passport at a visa drop off center, at which point we will receive an IR1 visa. I wanted to see if anyone else here has had a similar experience. I was also curious if it will take the embassy a long time to process my husbands visa, since technically he was already approved. Ive heard it could take several weeks to several months, but I feel that's for people who truly did forget certain documents, need further processing, ect.

Thank you for your time!

Take option #1 to get the visa now. I'm not certain if you still have this option.

221G is not denial and AP is like blackhole....days, months, years.....who knows.

[Krissyb93 27]

Irrelevant for the OP. They chose to go into AP to assure an IR1 visa. Considering the medical expires after their anniversary date this was a total non-issue and not necessary. You have 6 months from the medical to enter. That is the expiration on the visa. If entering after 2nd yr anniversary you are automatically converted to an IR1 vs CR1.

Many IR1/CR1 go into unknown AP due to security checks etc. Some are sent back to the USCIS. An approved I-130 doesnt expire like an approved I-129F.

The CO actually told my husband he would have to do this or we would enter the US and still only have conditional residence, even after our second anniversary. That's why I'm so confused about all of this. I know if you enter after your 2nd anniversary you'll automatically get an IR1 visa, my husband knows this as well. She made it sound like it was something we had to do or we would have a CR1 visa regardless of when we choose to go to the US. He simply asked her about us going to the us after our 2ND anniversary. She said you'll have to do it this way in that case. I know it's her job to know these things but it seems like she was somewhat confused about how this works. My husband said she also had to keep asking other CO's questions because she didn't know the answers to them. I hope she didn't just get us totally screwed over or something.

[Ontarkie 13,902]

The CO actually told my husband he would have to do this or we would enter the US and still only have conditional residence, even after our second anniversary. That's why I'm so confused about all of this. I know if you enter after your 2nd anniversary you'll automatically get an IR1 visa, my husband knows this as well. She made it sound like it was something we had to do or we would have a CR1 visa regardless of when we choose to go to the US. He simply asked her about us going to the us after our 2ND anniversary. She said you'll have to do it this way in that case. I know it's her job to know these things but it seems like she was somewhat confused about how this works. My husband said she also had to keep asking other CO's questions because she didn't know the answers to them. I hope she didn't just get us totally screwed over or something.

There is a Canadian who was told something similar by the CO in Montreal. I am wondering if something is changing in procedure.

Not exactly the same but the AP and same kind of logic to wait to get the 10 card

http://www.visajourney.com/forums/topic/603417-passed-interview-in-mtl-but-refused-on-technicality/

Edited September 29, 2016 by Ontarkie

[Anitafeliz 1,133]

I WOULD HAVE JUST TAKEN IT...take it RUN and NEVER look BACK!!

Either way though you go into AP its necessary (as I found out the HARD way).

Edited September 29, 2016 by Anitafeliz

[Krissyb93 27]

I'm really hoping once we submit eveyhting it won't take months to be reviewed. They can't even open your medical exam paperwork as its supposed to be taken with you sealed to the US. It's just a matter of a stamp. Will they review the entire case again?

[KierenHby 897]

I'm really hoping once we submit eveyhting it won't take months to be reviewed. They can't even open your medical exam paperwork as its supposed to be taken with you sealed to the US. It's just a matter of a stamp. Will they review the entire case again?

Not just a matter of a stamp. Medical/file re-reviewed for any material change in circumstances. Comes down to then-CO's discretion.

[KierenHby 897]

They can't even open your medical exam paperwork as its supposed to be taken with you sealed to the US.

Incorrect. Medical package is opened at the embassy. Applicable contents from the medical file and visa paperwork are repackaged.. to be carried sealed to US poe.

[abhi_meli 150]

Being too smart sometimes brings a lot of trouble.You should have taken the Visa and moved to USA with your hubby.I truly hope and wish you get the Visa as planned according to you and the CO who took your husband's interview.Hope the new CO will not re review and pick up some issue or the AP takes longer than expected because of the work load at the Embassy.Good luck.

[dwheels76 5,459]

I'm really hoping once we submit eveyhting it won't take months to be reviewed. They can't even open your medical exam paperwork as its supposed to be taken with you sealed to the US. It's just a matter of a stamp. Will they review the entire case again?

I don't understand this at all. You say the medical expires on March 22,2017. Your anniversary is March the 11th. So your husband arrived March 12th. Whats the issue.

You better go get your Visa now. And yes they can deny,withdraw change their mind. I have known people who were approved and embassy did some more work and changed mind.

There's no reason for another medical if your medical expires March 22nd.

[KierenHby 897]

Your posts from a previous thread..

<<Hello all (: so my husband and I are a little confused on the conditional vs permanent residence thing. My hubbys visa interview is the 27th of this month, and our 2nd anniversary will be March 11th. I was wondering if we should wait in India until our 2nd anniversary just so we don't have to go through the fuss of having to get the conditions removed? I believe that the visa will expire 6 months after issuance so we should be fine with the time slot. Is this the smart thing to do or should we go as soon as we get the visa? Any advice would be GREATLY appreciated, thank you!

<<He will be getting his medical exam somewhere around the 20th. We just want to be confident that we'll get a permanent residence stamp and not a conditional residence if we wait here until our 2nd anniversary. Otherwise we would just leave as soon as we have a visa.

<<Is it 100% guaranteed that if we wait here until March that we'll get permanent residence or is that something they decide themselves at the port of entry?

Any particular reason you guys are so intent on avoiding ROC?

[Adil & Jeanne 296]

it may expire March 22 but the immigration says you have to travel within 6 months of the exam and the CO had to say take the visa now as March is long past the 6 months of his exam / if you had wanted to delay this, best way was to delay completeing the documents for NVC but to send emails to keep the case open

March is over 6 months from now

also, it didn't look to CO that he wanted to be with you ASAP (think about it)