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

[Beth & Achraf 328]

I agree with Jeanne, did not look good to CO of not wanting to join wife ASAP. That there could raise a flag with CO for extra hard look at AP (back ground) checks.

[NikLR 13,234]

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)

uhm no? March is not over 6 months from now

Oct, Nov, Dec, Jan, Feb, March

1, 2, 3, 4, 5, 6

But i agree about suspicious and I agree that waiting at the NVC would have been better.

[KierenHby 900]

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)

good point

[mallafri76 1,012]

You're playing around with a difficult embassy, just so you don't have to do ROC. Like others have said, if your husband had his medical on September 20th, the visa would have been issued with an expiry of March 19th, so after your two year anniversary. I don't see why he needs to do a new medical? Let's hope you didn't just shoot yourself in the foot...

[Ash.1101 1,756]

The CO in this case isn't asking for a new medical for fun, the CO is asking for a new medical SOLELY for the purpose of giving them an extra six months. I'm assuming that the OP's husband doesn't want to move two weeks after their anniversary, but a little longer afterwards.

The only thing asking for a new medical seems to be serving is a kin to an extension without there being an extension. Putting in the system that they need a new medical should give them up to a year to provide a new medical, as the 221G with requesting documents usually has a year time frame before they'll take action on the case if they don't hear from the OP with the requested documents.


And yes, it could take them unknown amounts of time to go through the documents you send. They could see it in a week and issue the visa, they could get to it in months after submitted. It's literally luck.


I was also fairly sure, as I've seen some people talk about it before, that if her husband came into the states at ANY point after 2 years of marriage, the visa would go from CR1 to IR1 at point of entry. So if her husband came into the country say on March 12th (two year anniversary March 11th), then his CR1 would automatically be changed to IR1? After 2 years of marriage, the OP's spouse will be entitled to IR1 status upon entering the country.


It seems like the whole asking for a 221g was unnessecary unless her husband doesn't plan on coming before March 19th, but he could come on March 12th and this whole thing could have been avoided.


With all that said, I doubt they'll get the visa if they ask for it now. It's most likely in the system that a new medical was requested and they'll need to fulfill that 221g they essentially gave themselves.

Edited September 30, 2016 by Ash.1101

[Jojo92122 1,925]

The smart move is to take the visa and enter after the 2nd anniversary. No ROC would be necessary since the OP's husband would have gotten a 10 years green card with the CR-1 visa.

[kingjulian 81]

You could actually end up loosing on the visa, you cant dictate to the U.S government what u want it to do. ..you should have made your husband taken that visa than waiting some months to get an ir1. You better pray

[NikLR 13,234]

I really don't think the will deny them at this point with a new medical etc. They may have cost themselves extra time they were not anticipating, but I don't think a denial will happen.

[KierenHby 900]

The smart move is to take the visa and enter after the 2nd anniversary. No ROC would be necessary since the OP's husband would have gotten a 10 years green card with the CR-1 visa.

That ship has sailed.

[Ash.1101 1,756]

I really don't think the will deny them at this point with a new medical etc. They may have cost themselves extra time they were not anticipating, but I don't think a denial will happen.

Agree'd. I don't think it'll lead to a denial. The asking for a new medical is literally just a stalling tactic. If they truly felt they didn't want to be together they could have simply not offered the 221g for a new medical and put them on AP for more investigation on them.

Overall it should just cost them more money and time, but it shouldn't give them a denial.

[Krissyb93 27]

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?

Yeah, it's a pain in the ###. Don't make this more of an issue than it is. I'm sure anyone would avoid it if they could.

[Krissyb93 27]

I agree with Jeanne, did not look good to CO of not wanting to join wife ASAP. That there could raise a flag with CO for extra hard look at AP (back ground) checks.

I live in India with my husband, the CO knows this. It's not a matter of him not wanting to join me asap. We already live together.

[Krissyb93 27]

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/

Yes I spoke to her. She said she got her visa within 2 weeks of sending it back to them. Hopefully we will have the same luck.

[Krissyb93 27]

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)

We already live together

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.

Thank you (:

[Krissyb93 27]

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.

Listen, I'm just as confused on this as you are. It's not as if my husband at the end of his interview said oh give me a 221g so we will go into ap for 6 months to guarantee an IR1 visa. He simply asked her about the time frame and mentioned something about waiting here until our 2nd anniversary. She, even knowing that his medical would expire after our anniversary, advised him to do this. He went along with what she said because he assumed she knew what she was talking about. When he told me about all of this I couldn't figure out why in the world she would advise him to do such a thing.