The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

[Tiabeanie 39]

17 minutes ago, Siarg said:

No need to apologize, almost everyone  here has had the same or very similar situation happen to them. 
 

When you’re placed in AP, it very much appears that Montreal does a SAO (Security Advisory Opinion) which is essentially what 5535 is. 
 

Montreal has a reputation for doing this more than almost any other consulate in the world, and nobody knows exactly why. There have been theories, but honestly the thing that makes the most sense to me is that Canada is very easy to immigrate to. There are people that move to Canada just to be closer to America. 
 

Basically whenever you’re placed in AP at Montreal, there are two “pathways” your AP goes. One is with your consular officer, keeping note of your case and what they need to follow up on. The other is DOS background check. 
 

This seems to have been the cause of everyone’s issues, and became very obvious when the Afghanistan withdrawal took over as priority #1 over any other background check. Thousands of visas put into a pile that wasn’t moving, and then 1-2 years of cases backed up by putting them all into the “we’ll do this after the background check” pile. 
 

In this group the wait time varies from 4 months to over a year. Most of the movement has been due to lawsuits, with the occasional organic case movement. 
Obviously it’s up to you, but if you want to have this resolved in the next few months, I would recommend filing a lawsuit if you can. 
 

A lawsuit guarantees something will happen, waiting could be another year. 
 

I’m very pro-lawsuit after experiencing it here, in DV, and in multiple visa categories. The most happy people are the ones that file a lawsuit and almost everyone wishes they did it earlier. 

I really appreciate reading your posts and how detailed oriented and thorough you are with explaining your experiences filing a lawsuit with PIC Law. Your experiences has influenced me in sending an inquiry to PIC law firm with regards to my case. Hopefully I hear back from them soon and if I go through with hopefully I get positive results. It might be costly but it beats being left in the dark for God knows how long.

Edited February 7, 2023 by Tiabeanie

[emergence 47]

12 hours ago, Siarg said:

No need to apologize, almost everyone  here has had the same or very similar situation happen to them. 
 

When you’re placed in AP, it very much appears that Montreal does a SAO (Security Advisory Opinion) which is essentially what 5535 is. 
 

Montreal has a reputation for doing this more than almost any other consulate in the world, and nobody knows exactly why. There have been theories, but honestly the thing that makes the most sense to me is that Canada is very easy to immigrate to. There are people that move to Canada just to be closer to America. 
 

Basically whenever you’re placed in AP at Montreal, there are two “pathways” your AP goes. One is with your consular officer, keeping note of your case and what they need to follow up on. The other is DOS background check. 
 

This seems to have been the cause of everyone’s issues, and became very obvious when the Afghanistan withdrawal took over as priority #1 over any other background check. Thousands of visas put into a pile that wasn’t moving, and then 1-2 years of cases backed up by putting them all into the “we’ll do this after the background check” pile. 
 

In this group the wait time varies from 4 months to over a year. Most of the movement has been due to lawsuits, with the occasional organic case movement. 
Obviously it’s up to you, but if you want to have this resolved in the next few months, I would recommend filing a lawsuit if you can. 
 

A lawsuit guarantees something will happen, waiting could be another year. 
 

I’m very pro-lawsuit after experiencing it here, in DV, and in multiple visa categories. The most happy people are the ones that file a lawsuit and almost everyone wishes they did it earlier. 

Even the theory that people move to Canada to be close to the US is odd. My fiancé was born and raised in Canada. He’s never traveled anywhere outside the US or Canada. 
 

This seems to happen to a lot of people born and raised in Canada. It just doesn’t make sense. 
 

I got in touch with PIC law. It’s been nearly 150 days since our interview, and that is enough.

[Siarg 72]

2 minutes ago, emergence said:

Even the theory that people move to Canada to be close to the US is odd. My fiancé was born and raised in Canada. He’s never traveled anywhere outside the US or Canada. 
 

This seems to happen to a lot of people born and raised in Canada. It just doesn’t make sense. 
 

I got in touch with PIC law. It’s been nearly 150 days since our interview, and that is enough.

Yes not for your fiancé in particular - but the reason that Montreal is strict on ALL immigration. 
 

Canada has a reputation of being easy to move to, as well as easy to get through fraudulently. 
 

It’s possible that because of this, USA is super strict on everyone coming from Canada even Canadian citizens and Canadian-born. 
 

It’s just a theory, personally behaving been part of many immigration group chats for the last year, Canada absolutely has an international reputation for being lax on immigration. 

[Canucklehead 58]

I had my interview on Feb 1st and still have not received my email. Should I be contacting the consulate? I feel like I remember the officer saying I'd hear in 24-48 hours...

[dennisv 23]

On 2/6/2023 at 8:08 AM, Mmk2112 said:

If you go out of USA before 180 days lets says 178th day and come back after a month for two weeks more. Would you get denied at airport?

@Mmk2112My understanding of the whole "12 month rolling" is this limited but a good example would be if I crossed today (Feb 07 2023). We would need to look at the previous 12 months from that day and see how many days I have been in the USA.. So based on question, that would be an overstay. 

Edited February 7, 2023 by dennisv

[Mmk2112 34]

2 minutes ago, dennisv said:

@Mmk2112My understanding of the whole "12 month rolling" is this limited but a good example would be if I crossed today (Feb 07 2023). We would need to look at the previous 12 months from that day and see how many days I have been in the USA.. So based on question, that would be an overstay. 

Thank you for your response. Yes, I would agree however I have heard from many snow birds that they have been crossing borders like this with no questions asked by officers. Not sure what's the 100 % correct answer for it ..

[dennisv 23]

2 minutes ago, Mmk2112 said:

Thank you for your response. Yes, I would agree however I have heard from many snow birds that they have been crossing borders like this with no questions asked by officers. Not sure what's the 100 % correct answer for it ..

Totally hard to say right, only know based on experience or what we read on here. Of course, our situation is a little different than a snowbird where they aren't seeking to be PR on the US. I know that CBP might not prevent you from crossing and yield much warning about your "time" in country. Of course Onus is on the traveller right. 

[Mmk2112 34]

1 minute ago, dennisv said:

Totally hard to say right, only know based on experience or what we read on here. Of course, our situation is a little different than a snowbird where they aren't seeking to be PR on the US. I know that CBP might not prevent you from crossing and yield much warning about your "time" in country. Of course Onus is on the traveller right. 

Yes totally agree

[dennisv 23]

9 minutes ago, Mmk2112 said:

Yes totally agree

It's hard. I just dropped the wife off at YYC this morning, since I need to be out of the US for a bit (safer than sorry).. So hard

 

[Mmk2112 34]

5 minutes ago, dennisv said:

It's hard. I just dropped the wife off at YYC this morning, since I need to be out of the US for a bit (safer than sorry).. So hard

 

It is indeed. I can relate and feel for you my friend. Stay strong and hopefully get prepared to file a WOM..

[Gha 15]

Hi 

@Canucklehead plz send them email .I received email from embassy after 7 week to my interview.officer said we don’t anything from you on interview.she said everything looks good if we need anything we will send you email and after 7 I received questionsair email .plz fellow up with them

thank you 

 

[PZibran325 112]

1 hour ago, dennisv said:

It's hard. I just dropped the wife off at YYC this morning, since I need to be out of the US for a bit (safer than sorry).. So hard

 

It's extremely difficult. I just came back from a two week visit to see my husband and it was such an amazing time but leaving him to come back was so difficult. I cried like a baby (he cried too eve though he was trying hard not to). Then I cried through my whole flight from YYC to Dallas and then from Dallas through MS. By the time I reached home my eyes were swollen. But I honestly just could not stop crying.

 

So I have asked to schedule a consultation with an attorney for the WOM. We have been apart long enough, we are an older couple and we really want and are dying to start our lives together and I have needed him all the more since my father's passing in 2021 for emotional support. I'm so sick of this treatment of married couples and keeping them apart for what seems like no reason.

Edited February 7, 2023 by PZibran325

[Mmk2112 34]

1 hour ago, PZibran325 said:

It's extremely difficult. I just came back from a two week visit to see my husband and it was such an amazing time but leaving him to come back was so difficult. I cried like a baby (he cried too eve though he was trying hard not to). Then I cried through my whole flight from YYC to Dallas and then from Dallas through MS. By the time I reached home my eyes were swollen. But I honestly just could not stop crying.

 

So I have asked to schedule a consultation with an attorney for the WOM. We have been apart long enough, we are an older couple and we really want and are dying to start our lives together and I have needed him all the more since my father's passing in 2021 for emotional support. I'm so sick of this treatment of married couples and keeping them apart for what seems like no reason.

Sorry to hear that. Hope it works out for you. I would suggest to go for WOM and don't delay in waiting

[throwitaway 189]

4 hours ago, Mmk2112 said:

Thank you for your response. Yes, I would agree however I have heard from many snow birds that they have been crossing borders like this with no questions asked by officers. Not sure what's the 100 % correct answer for it ..

The last time we got in a convo with you about this 21 posts were deleted because you kept arguing for immigration fraud 😅 

[Mmk2112 34]

3 minutes ago, throwitaway said:

The last time we got in a convo with you about this 21 posts were deleted because you kept arguing for immigration fraud 😅 

lol funny. This thing is in grey area. You can confirm it with different lawyers. However, I agree with Mr. Dennisv that it's better to be safe than sorry.