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

[ice-qube 648]

Just now, justanamericangrl said:

Husband had his interview in Montreal Feb 3rd of this year and got hit with the ds5535 a couple days later. After reading all of these submissions here we decided to just file a WOM with hacking law ASAP. Can’t believe so many people go through this. It seems ridiculous. Even the lawyer said he’s seeing so many more cases out of Montreal. 
 

Anyways does anyone have any recent timelines they could share after filing a WOM? And has anyone’s spouse travelled to the US while in AP?

 

thanks!!

Sorry to hear. It definitely seems Montreal is using this as a strategy nowadays. If it helps, I was a guy who was hit with DS-5535, suffered in AP for over a year, but i travelled to see my wife several times, without problems.

[haruharu 10]

Just wanted to add on to this question, how long till one can file WOM? People who have taken this route could you share your process? Chris from PIC a seems to be a good option according to previous comments. After consulting with a few lawyers, they suggest to wait 60 days minimum. I read some contradictory material from Goldstein where in one pamphlet he suggests to wait 6 months but in a YouTube video on his channel he states if you’ve already waited 18 months for I-130 you’ve already waited long enough..
FYI another case update today (total of 4 since submission on April 4th) but still says refused. 

[ice-qube 648]

1 minute ago, haruharu said:

Just wanted to add on to this question, how long till one can file WOM? People who have taken this route could you share your process? Chris from PIC a seems to be a good option according to previous comments. After consulting with a few lawyers, they suggest to wait 60 days minimum. I read some contradictory material from Goldstein where in one pamphlet he suggests to wait 6 months but in a YouTube video on his channel he states if you’ve already waited 18 months for I-130 you’ve already waited long enough..
FYI another case update today (total of 4 since submission on April 4th) but still says refused. 

That's a matter of debate, actually. Although I am not a lawyer, I have always been skeptical of lawyers who claim you should file it before 6 months. In my (non-expert, but considerably educated layman) opinion, in the event the government decided to push back on a suit that was filed before 6 months, it is likely to me that the court would rule in their favour. And really, then the only one who would have won is the lawyer that took your money; you would be no closer (and also poorer), and the taxpayers also lose the costs of defending it in court.

[Canucklehead 58]

3 hours ago, justanamericangrl said:

Husband had his interview in Montreal Feb 3rd of this year and got hit with the ds5535 a couple days later. After reading all of these submissions here we decided to just file a WOM with hacking law ASAP. Edit to add they are going to file in about a week. Can’t believe so many people go through this. It seems ridiculous. Even the lawyer said he’s seeing so many more cases out of Montreal. 
 

Anyways does anyone have any recent timelines they could share after filing a WOM? And has anyone’s spouse travelled to the US while in AP?

 

thanks!!

I travelled to visit my spouse in USA. I'd suggest not hiding anything if asked/being honest about everything, and obviously make sure to stay within the appropriate timeline (no more than 6 months in USA in a 12 month period) and you should be OK. Ultimately, it is up to the border agent to decide though, so I purposefully packed light, had my existing work contract and tenant agreement ready just in case too.

[ice-qube 648]

6 minutes ago, Canucklehead said:

I travelled to visit my spouse in USA. I'd suggest not hiding anything if asked/being honest about everything, and obviously make sure to stay within the appropriate timeline (no more than 6 months in USA in a 12 month period) and you should be OK. Ultimately, it is up to the border agent to decide though, so I purposefully packed light, had my existing work contract and tenant agreement ready just in case too.

I second this, always be honest— the only thing to add being: don’t offer up extraneous information without being asked. Answer all questions asked truthfully, but don’t go on a tangent or else they might be inclined to give you more of a hassle just because they don’t understand the specifics of your case. 

[Illme 9]

After waiting 11 and half months I received Immigrant visa. Visa timeline 

Interview was on April 19 2022

DS5535 emailed on April 25

Consulate requested 2nd Medical and RCMP police letter on March 10 

Consulate receeived both medical and Rcmp letter on 28th March

Status changed to issued on April 05 and received passport on 11th April

[APRIL2023 48]

Hi everyone! Very disheartening to see so many ppl on the same boat as me. 
 

Attended my IR1 interview today in Montreal. Things were going smoothly until I was refused visa and handed 221(g) form stating that my application is refused and is now placed on administrative processing. Form also includes instruction to further submit RCMP police check, DS5535 and passport. I asked the officer what could have triggered the flag for DS5535, and the officer cannot provide an answer. He cannot provide timeline for the duration of AP either. 
 

I was shocked by this, as I am legally married to my husband (American) and we have two children today (who also hold dual Canadian-US citizenship). I was born in Hong Kong but immigrated to Canada when I was 9, currently working in healthcare. Could this have triggered the flag? I also traveled ++ to Qatar and China for work related trip over the past ten years. Could this have triggered the flag? 

 

Question - how should does it take for the consulate to email me DS5535 form for completion? Should I completes it preemptively and send it to the consulate? What’s the email I should use??

MOST IMPORTANTLY - can you still travel to US under B1/b2 visitor visa when your application is under AP???? 

[throwitaway 189]

16 minutes ago, APRIL2023 said:

Hi everyone! Very disheartening to see so many ppl on the same boat as me. 
 

Attended my IR1 interview today in Montreal. Things were going smoothly until I was refused visa and handed 221(g) form stating that my application is refused and is now placed on administrative processing. Form also includes instruction to further submit RCMP police check, DS5535 and passport. I asked the officer what could have triggered the flag for DS5535, and the officer cannot provide an answer. He cannot provide timeline for the duration of AP either. 
 

I was shocked by this, as I am legally married to my husband (American) and we have two children today (who also hold dual Canadian-US citizenship). I was born in Hong Kong but immigrated to Canada when I was 9, currently working in healthcare. Could this have triggered the flag? I also traveled ++ to Qatar and China for work related trip over the past ten years. Could this have triggered the flag? 

 

Question - how should does it take for the consulate to email me DS5535 form for completion? Should I completes it preemptively and send it to the consulate? What’s the email I should use??

MOST IMPORTANTLY - can you still travel to US under B1/b2 visitor visa when your application is under AP???? 

Montreal’s parameters seem pretty liberal, none of us here know what triggers it. Timeline is several months to a year plus. 5535 was sent to me same night of interview. Don’t send it pre-emptively, they have instructions for how they’d like to receive it, but feel free to start drafting it as the template is easily found online. Yes you can still travel, all the same rules apply.

[APRIL2023 48]

13 minutes ago, throwitaway said:

Montreal’s parameters seem pretty liberal, none of us here know what triggers it. Timeline is several months to a year plus. 5535 was sent to me same night of interview. Don’t send it pre-emptively, they have instructions for how they’d like to receive it, but feel free to start drafting it as the template is easily found online. Yes you can still travel, all the same rules apply.

Thank you!! This is very helpful!!

[throwitaway 189]

9 hours ago, Illme said:

After waiting 11 and half months I received Immigrant visa. Visa timeline 

Interview was on April 19 2022

DS5535 emailed on April 25

Consulate requested 2nd Medical and RCMP police letter on March 10 

Consulate receeived both medical and Rcmp letter on 28th March

Status changed to issued on April 05 and received passport on 11th April

Congrats! Thanks for adding that data point. Your patience is impressive. 

[PanFriedTofu 4]

Attended IR1 interview March 22nd 2023.

Handed 221g and passport was returned.

Got DS-5535 today, over 3 weeks later.

Had my answers ready to go and sent it.

 

Now we wait to file WOM.

[APRIL2023 48]

13 minutes ago, PanFriedTofu said:

Attended IR1 interview March 22nd 2023.

Handed 221g and passport was returned.

Got DS-5535 today, over 3 weeks later.

Had my answers ready to go and sent it.

 

Now we wait to file WOM.

In the DS5535 email you received, what other instructions were given? Did they say to submit passport as well? 
 

 

[PanFriedTofu 4]

21 minutes ago, APRIL2023 said:

In the DS5535 email you received, what other instructions were given? Did they say to submit passport as well? 
 

 

Instructions were to answer in the body of the email or in a txt file and nothing else. No police report, no medical, no passport - just respond to the questions on the form.

[throwitaway 189]

1 hour ago, APRIL2023 said:

In the DS5535 email you received, what other instructions were given? Did they say to submit passport as well? 
 

 

You don’t submit your passport until you are cleared. If they wanted to keep your passport, they wouldn’t give it back to you at the interview. 

[APRIL2023 48]

20 minutes ago, throwitaway said:

You don’t submit your passport until you are cleared. If they wanted to keep your passport, they wouldn’t give it back to you at the interview. 

I’m trying to gage when the AP actually begins. I was told by CO that my “priority” is to complete the DS5535 as soon as possible as it will impact the AP process. I take that as AP to start ONLY after DS5535 has been submitted. I don’t understand the timing gap between interview and when applicant receives DS5535. If AP hasn’t begin then that means application is literally sitting for no reasons. 
 

Just seeking clarification!