How bad is removal of conditions?

[ElGrandeDoodel 37]

Hi people - would appreciate your thoughts on the following.

 

I (British citizen) am at the NVC stage of obtaining an IR-1/CR-1 visa to move to the US to join my USC spouse.

 

My finger-in-the-air estimate is that, provided no RFIs at NVC stage and everything else progresses at the rate things seem to be at the moment, we might have approval by May/June kind of time.

Our two year wedding anniversary is early September 2023.

 

As with most of us on VJ, I'm keen to move out to the US as soon as possible, but I've also read a fair bit about massive delays at USCIS for I-751 approvals, and the need to get extension letters to conditional green cards for travel because the removal of conditions process is taking so long.

 

What are people's thoughts on this? Is it worth swallowing another 5 months apart for the sake of getting the 10 years vs the 2 year GC, or is removal of conditions just a bit of extra administrative faff that, in the grand scheme of things, won't be too much of a pain? I guess the particular concern is that once approval, I think I understand correctly that I couldn't enter the US without triggering the visa, so if I wanted to see my spouse in the period between approval and our second wedding anniversary we'd need to meet in the UK or a third country.

 

Thanks!

[Crazy Cat 41,823]

I can testify that Removal of Conditions is a real pain in the neck.  However, the new 48 month extension letters will help.  Personally, I would try to enter the US after 2 years of marriage. 

Edited February 10, 2023 by Crazy Cat

[ElGrandeDoodel 37]

Thanks @Crazy Cat - I see in your signature:
 

Quote

It took 44 months for approval of the I-751.

That does indeed sound like a pain in the neck...

[Crazy Cat 41,823]

4 minutes ago, elgrandedoodel said:

Thanks @Crazy Cat - I see in your signature:
 

That does indeed sound like a pain in the neck...

Yep.  My wife's I-751 extension letter extended the date on her Green Card by 24 months.  We had to get an ADIT stamp at USCIS to enable her to travel internationally in 2021.   Had she not submitted an N-400, the I-751 would still be pending now, imo.

 

Edited February 10, 2023 by Crazy Cat

[ElGrandeDoodel 37]

@Crazy Cat - sheesh, that is a nightmare.

 

How is the process for obtaining the extension letter and ADIT stamp, in terms of duration and complexity?

[Crazy Cat 41,823]

Keep in mind that your visa, after being issued, will expire 6 months after the date of your medical exam (or even earlier).  

[Crazy Cat 41,823]

Just now, elgrandedoodel said:

@Crazy Cat - sheesh, that is a nightmare.

 

How is the process for obtaining the extension letter and ADIT stamp, in terms of duration and complexity?

The extension letter will be sent to you immediately after filing an I-751.  Getting an ADIT (after extension letter expires), entails calling USCIS, convincing them to grant you an appointment, them going to a USCIS office to ask for the stamp.  Recently, numerous people have reported being refused an appointment.  It's a mess.  The new 48 month extension letters will help.  But extension letters are only good when employers, airlines, etc understand that they legally extend the Green Card expiration date. 

[ElGrandeDoodel 37]

1 minute ago, Crazy Cat said:

Getting an ADIT (after extension letter expires), entails calling USCIS, convincing them to grant you an appointment, them going to a USCIS office to ask for the stamp.

Sounds like a whole lot of fun...

 

2 minutes ago, Crazy Cat said:

Keep in mind that your visa, after being issued, will expire 6 months after the date of your medical exam (or even earlier).  

Thanks, good point to bear in mind.

 

This may be a London consulate specific question, but if at the consulate interview the visa is approved, would an effective delay tactic be to say I have immediate travel plans and so cannot surrender my passport at the interview, but instead send it in to the consulate, say, a month later? Or is the date of the visa the date of approval at the consulate, irrespective of when the visa is actually physically added to the passport?

 

Never thought I would be taking steps to slow the process down, but here we are...

[Crazy Cat 41,823]

3 minutes ago, elgrandedoodel said:

Sounds like a whole lot of fun...

 

Thanks, good point to bear in mind.

 

This may be a London consulate specific question, but if at the consulate interview the visa is approved, would an effective delay tactic be to say I have immediate travel plans and so cannot surrender my passport at the interview, but instead send it in to the consulate, say, a month later? Or is the date of the visa the date of approval at the consulate, irrespective of when the visa is actually physically added to the passport?

 

Never thought I would be taking steps to slow the process down, but here we are...

The date of issue is not connected to the expiration date of the visa.  The visa expiration date is tied directly to the date of the medical exam which is normally done prior to the interview..  

Edited February 10, 2023 by Crazy Cat

[ElGrandeDoodel 37]

Just now, Crazy Cat said:

The expiration date is tied directly to the date of the medical exam which is normally done prior to the interview.. 

Got it - thanks for explaining that again, sorry I missed your point before.

 

10 minutes ago, Crazy Cat said:

your visa, after being issued, will expire 6 months after the date of your medical exam (or even earlier).

In what circumstances would the expiry date be earlier that the date of the medical? 

[RambaCat 643]

seconding Crazy Cat here, if you can swing it, I'd enter after 2 years so you don't have to do RoC. It'd probably save you a lot of stress (and money!) in the long run.

 

Not sure how it works now/for CR/IR visas, but for the K1 we were left to schedule our own interview and medical so you can probably delay somewhat there?

[Crazy Cat 41,823]

1 minute ago, elgrandedoodel said:

In what circumstances would the expiry date be earlier that the date of the medical? 

My wife's visa expiration date was 5 months after the medical exam.  I'm not sure why.  Normally, the visa expiration will be 6 months from completion of the medical.  All immigrant visa medical exams are valid for only 6 months. 

[Crazy Cat 41,823]

3 minutes ago, RambaCat said:

 

Not sure how it works now/for CR/IR visas, but for the K1 we were left to schedule our own interview and medical so you can probably delay somewhat there?

For immigrant visas, NVC schedules the visa interview, but the applicant schedules his/her own medical exam.  

[mindthegap 2,590]

Lol it’s great. No really, especially when things go wrong and you are still doing it for the third time 8 years later.

 

If you can avoid it, do so. 

[Crazy Cat 41,823]

One more thing.  The I-751 fee is going way up, if I remember correctly.