CR-1 - advice needed

[Ragazza 0]

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!

[Ketsuban 1,033]

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.

[Ragazza 0]

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!

[Ketsuban 1,033]

• 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.

[Cheezees 1,514]

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.

[Ragazza 0]

Dear Ketsuban, dear Cheezees! Thanks a lot for your responses! I must be worrying too much, just don't want to ruin everything at this point..