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Ragazza

CR-1 - advice needed

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Filed: Timeline

Hello everyone! I really hope someone can give me some advice as I am completely lost at the moment :/

So, I was and still am subject to 2 year HHR under J-1 visa (US funded university program). I will fully complete my 2 years by the end of October 2016. I explcitly stated this information when we were providing the documents to NVC.

My husband (USC) is a petitioner for my CR-1 visa. My interview is scheduled for the beginning of October. My husband will also attend the interview (they said it's not required but recommended). On the day of the interview, I will have to spend in my home country 25 more days to fully fulfill 2YHRR.

I wrote a message to the consular division in my home country and they told me that I can have the visa interview before I fulfilled the 2YHRR but the visa will not be issued up until I fulfill 2YHRR. To be more precise, they wrote that "If the visa is granted at the interview, its issuance will be postponed. There will be no need to come to the Embassy for a second interview."

Then I explicitly asked them if the sole fact that on the date of the interview 2 year HRR was not completely fulfilled can be the reason for CR-1 visa denial. In return, they said "If 2 year HRR is not fulfilled by the date of the interview, the case will be put on hold ( Section 221G of INA) until the 2 year HRR is fulfilled."

I found their asnwer confusing (even though I might be overthinking). Does 221G means a visa denial? Will we have to do all the thing over again? What does "put on hold" mean in this situation? Will it create major complications for our case?

We really don't want to reschedule the interview because at this point I am not sure we can (the interview is in a week) and also we already collected all the documents for that.

Does anyone have experience / ideas in what happens if we attend the interview prior to fulfilling of 2 years? Does it lead to much worse consequences?

Thank you a lot!

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Nope, 221g is administrative processing, a blanket status giving for when a visa goes on hold for a myriad of reasons. They'll keep it in this status until you fulfill the 2 year period of staying out of the US, as they said.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Filed: Timeline

Dear Ketsuban, thank you for your prompt response! Do you by chance know:

  • Provided everything is fine, will they tell us at the interview that we are fine but for 2 YHRR the visa issuance is postponed? Or will they require anything else?
  • What is the process in practice? Will they just keep my travel passport for extra 25 days, so that I cannot leave the country, and then they issue the visa automatically? Or will I have to make an additional request to overcome this 221g that they will separately review?
  • Can this 221g possibly delay visa issuance even more? Let's say that if I need to make a separate request for visa issuance and then they will review this request within 1-2 more months.. Can this happen?

Thank you! Much appreciated!

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  • Provided everything is fine, that is all they should tell you.
  • I couldn't tell you whether they'll keep your passport or not. You don't need to make a request to overcome this 221g unless they somehow screw up and forget about your case (unlikely), it's literally just the status they use to say "hey, put this on hold until the 2 YHRR is up".

You're worrying too much. Take it for what it is. You have to stay out of the US for 2 years per your previous J-1 visa, therefore you won't get the visa until that date and they have to keep the case on hold (221g) until that date.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Dear Ketsuban, thank you for your prompt response! Do you by chance know:

  • Provided everything is fine, will they tell us at the interview that we are fine but for 2 YHRR the visa issuance is postponed? Or will they require anything else?
  • What is the process in practice? Will they just keep my travel passport for extra 25 days, so that I cannot leave the country, and then they issue the visa automatically? Or will I have to make an additional request to overcome this 221g that they will separately review?
  • Can this 221g possibly delay visa issuance even more? Let's say that if I need to make a separate request for visa issuance and then they will review this request within 1-2 more months.. Can this happen?

Thank you! Much appreciated!

I don't think you quite get it. The administrative hold is so that if approved, all they have to do is wait out the residency requirement.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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