DS-5535 and Possible Visa Extension?

[michaelbenny2020 0]

Hello,

I am hoping someone can help me out. I am trying to figure out if I need to apply for an extension on my K1 Visa or if I need to seek a lawyer at this point.

 

I received an approved I-129F petition on 10/29/2021. My fiancé submitted his DS-160 on 11/11/2021 and then had his interview on 02/07/2022. After the interview, the Montreal Embassy temporarily refused the visa for "Administrative Processing" and requested a questionnaire be filled out. We promptly returned the questionnaire on the same date. Upon further research, it appears that this questionnaire was part of DS-5535, it's been 3 weeks and the Embassy is not replying to our emails. I have read online that these can take anywhere from 'several weeks' to over 8 months. The only information I've seen is on the CEAC site indicating a "Refused" as of 02/16/2022 and stating that "Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete"

 

I am livid that the officer at the Embassy targeted my fiancé, considering Canada is not a high risk country and given I have provided every form and document to them with more than sufficient information. I can't help but to feel this was due to some form of discrimination given my fiancé's ethnicity and orientation. Is it recommended I bring a lawyer in?

 

I appreciate any insight anyone has on this and how to proceed.

 

Thank you,

Michael

[Crazy Cat 39,136]

 Administrative processing can be neither waived nor expedited.  Patience is the key. 

[Boiler 43,360]

It is part of the process

 

I am not aware of any animus against Canadians.

[JeanneAdil 6,169]

What country is your fiancee from? 

u mention fiancé's ethnicity and orientation

 

as,  yes,  this can be the issue 

One VJ member's wife went thru this ds 5535 process (11 months to the visa issued) and she had never traveled outside her country 

and they had none of the big red flags we often see

[michaelbenny2020 0]

4 minutes ago, JeanneAdil said:

What country is your fiancee from? 

u mention fiancé's ethnicity and orientation

 

as,  yes,  this can be the issue 

One VJ member's wife went thru this ds 5535 process (11 months to the visa issued) and she had never traveled outside her country 

and they had none of the big red flags we often see

I'm in the USA (born and raised) and my fiancé is from Montreal, Canada (born and raised). He's traveled to the USA to see me numerous times, and I've traveled up there to visit him as well.

 

It just seems odd to me that the interview lasted 15-20 minutes. Then the officer began talking at length about Asians and popped the 5535 questionnaire.

 

[Crazy Cat 39,136]

2 minutes ago, michaelbenny2020 said:

I'm in the USA (born and raised) and my fiancé is from Montreal, Canada (born and raised). He's traveled to the USA to see me numerous times, and I've traveled up there to visit him as well.

 

It just seems odd to me that the interview lasted 15-20 minutes. Then the officer began talking at length about Asians and popped the 5535 questionnaire.

 

K-1 seems to be an odd choice. 

[aaron2020 11,651]

Target your fiance????    Has nothing to do with orientation or ethnicity.  

You have to be patience.  It's AP.  It's part of the process.  

[JeanneAdil 6,169]

1 hour ago, michaelbenny2020 said:

I'm in the USA (born and raised) and my fiancé is from Montreal, Canada (born and raised). He's traveled to the USA to see me numerous times, and I've traveled up there to visit him as well.

 

It just seems odd to me that the interview lasted 15-20 minutes. Then the officer began talking at length about Asians and popped the 5535 questionnaire.

 

Is she of Asian descent?   sounds as she got a CO with prejudice

[Chancy 6,233]

2 hours ago, michaelbenny2020 said:

I am livid that the officer at the Embassy targeted my fiancé, considering Canada is not a high risk country and given I have provided every form and document to them with more than sufficient information.

 

Your fiance is not being singled out.  Join the thread below for visa applicants in Canada who were asked to submit DS-5535 --

 

 

[WeekendPizzaiolo 47]

3 hours ago, michaelbenny2020 said:

Hello,

I am hoping someone can help me out. I am trying to figure out if I need to apply for an extension on my K1 Visa or if I need to seek a lawyer at this point.

 

I received an approved I-129F petition on 10/29/2021. My fiancé submitted his DS-160 on 11/11/2021 and then had his interview on 02/07/2022. After the interview, the Montreal Embassy temporarily refused the visa for "Administrative Processing" and requested a questionnaire be filled out. We promptly returned the questionnaire on the same date. Upon further research, it appears that this questionnaire was part of DS-5535, it's been 3 weeks and the Embassy is not replying to our emails. I have read online that these can take anywhere from 'several weeks' to over 8 months. The only information I've seen is on the CEAC site indicating a "Refused" as of 02/16/2022 and stating that "Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete"

 

I am livid that the officer at the Embassy targeted my fiancé, considering Canada is not a high risk country and given I have provided every form and document to them with more than sufficient information. I can't help but to feel this was due to some form of discrimination given my fiancé's ethnicity and orientation. Is it recommended I bring a lawyer in?

 

I appreciate any insight anyone has on this and how to proceed.

 

Thank you,

Michael

I am sorry to hear your visa is delayed in AP. From your timeline, it looks like you applied roughly 4.5 months after we did, but your case was scheduled for an interview around the same time as ours interview. Why did your case advance so quickly relative to ours pre-NVC? Could it be due to the uncertain nature of bureaucracy?

 

Bureaucratic delays can be very infuriating when it's not in your favor. The uncertain timescales in which the government operates, the vague or conflicting information, the lack of transparency, and the lack of control can give us ill feelings. It is natural to start wondering if something sinister is afoot when we are waiting without any updates or information.

 

A month after our case left the NVC in October, the consulate requested some Brazilian and Canadian documents by e-mail. Others received their Packet 3 a few days after their cases had left the NVC. Bureaucracy can often involve long approval chains where multiple people at the consulate and in the US signing off on a case before it can advance to the next stage.

 

We were approved in Montreal. Our interview lasted roughly two minutes. We are also LGBT and my fiancé is Brazilian. The officer was polite and friendly when discussing our relationship and not uncomfortable about it. The consulate took almost two weeks to ship his passport back and without responding to our e-mails about whether our status progressed. The unpredictable delay and lack of e-mail response was frustrating because we could not plan at all, but it now feels moot with the visa is in hand.

[jan22 2,889]

You asked about getting a visa extension -- but it appears a visa has not actually even been issued.  If you are asking about extending the petition, there's nothing to worry about -- the consular officer automatically extends the petition while the visa is still in process.

[Crazy Cat 39,136]

23 hours ago, michaelbenny2020 said:

Is it recommended I bring a lawyer in?

I fail to see the need at this point.  Patience is the key.  

[mam521 1,688]

There is nothing to do but wait for the approval for the 5535.  The biggest challenge seems to be approval before the expiration of the medical.  That thread Chancy posted has a lot of information and at least you'll have some people to share your experiences with.