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

[LYV 42]

11 hours ago, SGtoMurica said:

 

I watched many of the YouTube videos made up of those ex-consulate officers too. I'm not sure I trust them to be perfectly honest. They mentioned that there is usually a reason for the denial. But in my extensive reading so far, it appears that many of us selected are either due to TAL, or MENA background. Of which there is really no choice but to file WOM to overcome.

 

It's ironic because the US is trying to combat the loss of STEM talent, while on the other hand it is implementing TAL on us. 

Interesting did you watch before your interview or after? My husband and I not TAL or MENA. We are actors and we were told it was random. 

[haruharu 10]

Hey guys, a few posts back someone asked if anyone did AOS after being issued DS5535. Anyone do this? No updates on our end since being placed under AP on April 3, 2023. 

[Ontarkie 13,968]

1 hour ago, haruharu said:

Hey guys, a few posts back someone asked if anyone did AOS after being issued DS5535. Anyone do this? No updates on our end since being placed under AP on April 3, 2023. 

I'm going to talk very general here and not necessarily to you  or the other member who asked this.

 

So here goes, planning to go to the US and AOS is fraud and against the TOS of this website. 

 

YOu would have to start all over and the AOS is taking even longer. Will there be any issues because of the pending file and the DS5535 I do not know. But at this point it will not be easier.

[LAMA9 118]

On 8/7/2023 at 1:08 PM, SGtoMurica said:

 

Thank you for sharing this. It's ridiculous that it takes WOM in order to overcome this. Are you aware of any cases getting rejected after WOM?

No one that I know of has had a visa denial in the WOM group.  

[haruharu 10]

2 hours ago, Ontarkie said:

I'm going to talk very general here and not necessarily to you  or the other member who asked this.

 

So here goes, planning to go to the US and AOS is fraud and against the TOS of this website. 

 

YOu would have to start all over and the AOS is taking even longer. Will there be any issues because of the pending file and the DS5535 I do not know. But at this point it will not be easier.

Yes, well aware and not something I’m interested in.  Spoke to multiple lawyers at length about this topic as well. But curious if anyone did this in the group and what the outcome was. Frustrating when I know of a few people who did AOS to begin with and they already have a work visa and application accepted within 4-5 months. Whilst others who did spousal visa are still waiting 2+ years. Immigration lawyers are aware of Montreal embassy and their timelines and are the ones suggesting to go AOS route. 

[AP_since_May2023 37]

4 hours ago, LYV said:

Interesting did you watch before your interview or after? My husband and I not TAL or MENA. We are actors and we were told it was random. 

 

I watched it after our interview and learning that we were placed in AP. We always knew AP was a possibility but didn't realize it would actually happen to us. 

[AP_since_May2023 37]

3 hours ago, haruharu said:

Hey guys, a few posts back someone asked if anyone did AOS after being issued DS5535. Anyone do this? No updates on our end since being placed under AP on April 3, 2023. 

 

I was the one who asked this. No, I haven't done it.

[AP_since_May2023 37]

2 hours ago, Ontarkie said:

I'm going to talk very general here and not necessarily to you  or the other member who asked this.

 

So here goes, planning to go to the US and AOS is fraud and against the TOS of this website. 

 

YOu would have to start all over and the AOS is taking even longer. Will there be any issues because of the pending file and the DS5535 I do not know. But at this point it will not be easier.

 

I think AOS is a very unique topic that requires more clarification, as not all AOS is illegal.

 

In the following situation, I believe AOS is LEGAL: Applicant A applied for EB1A or EB2 NIW while they are in Canada. While their I-140 is processing, they received H1B / L1 visa for a job and worked in the USA on this visa. Their I-140 is approved, and their IV case is sent to Montreal consulate. They received invitation to attend their Consulate Interview in Montreal. They leave US for the Consulate Interview, and was unfortunately placed in AP. They re-entered US on their valid work H1B / L1 visa while awaiting AP. Their case remains in AP 6 months after they re-enter the US with no end in sight, so they decided to apply for AOS rather than filing WOM.

This AOS is valid.

[Gha 15]

Hi @Fayisa I am asking do you get a response from embassy regarding your email .because I did not get any response from embassy last 2 emails 

thank you 

[AP_since_May2023 37]

18 minutes ago, haruharu said:

Yes, well aware and not something I’m interested in.  Spoke to multiple lawyers at length about this topic as well. But curious if anyone did this in the group and what the outcome was. Frustrating when I know of a few people who did AOS to begin with and they already have a work visa and application accepted within 4-5 months. Whilst others who did spousal visa are still waiting 2+ years. Immigration lawyers are aware of Montreal embassy and their timelines and are the ones suggesting to go AOS route. 

 

Yes, overall, AOS is being processed significantly quicker than CP.

 

Our friends submitted their I-485 the same week that we were placed in AP, and they received their EAD and AP after 27 days, and they received their GC in hand after 84 days. They are probably very lucky, but not impossible. Just hang out on Immigration Reddit and you will see how many people got their GC approved within 3 months.

[Ontarkie 13,968]

25 minutes ago, SGtoMurica said:

 

I think AOS is a very unique topic that requires more clarification, as not all AOS is illegal.

 

In the following situation, I believe AOS is LEGAL: Applicant A applied for EB1A or EB2 NIW while they are in Canada. While their I-140 is processing, they received H1B / L1 visa for a job and worked in the USA on this visa. Their I-140 is approved, and their IV case is sent to Montreal consulate. They received invitation to attend their Consulate Interview in Montreal. They leave US for the Consulate Interview, and was unfortunately placed in AP. They re-entered US on their valid work H1B / L1 visa while awaiting AP. Their case remains in AP 6 months after they re-enter the US with no end in sight, so they decided to apply for AOS rather than filing WOM.

This AOS is valid.

Yes you are right there are certain times when it is completely legal. There is no point bringing up the other options at this point as that was not an available option or the question to this thread. 

 

43 minutes ago, haruharu said:

Yes, well aware and not something I’m interested in.  Spoke to multiple lawyers at length about this topic as well. But curious if anyone did this in the group and what the outcome was. Frustrating when I know of a few people who did AOS to begin with and they already have a work visa and application accepted within 4-5 months. Whilst others who did spousal visa are still waiting 2+ years. Immigration lawyers are aware of Montreal embassy and their timelines and are the ones suggesting to go AOS route. 

It is very frustrating, I have my own theory why this is happening so much in Montreal. But this is not the place to rant about it because it is my theory and only that. 

The EAD has been taking much longer then 4-5 months if lucky 8 months is the new norm. It could be speeding up but I'm not sure. So depending when the folks you know did it may also reflect the faster pace of the IR/CR that used to happen. 

Of course lawyers will say all kinds of things they aren't the ones who gets into trouble if it fails and then they are the ones that get the big bucks to try and fix it. The lawyers who are actually advocating this should be reported if they are outright telling you to commit fraud.

[Ontarkie 13,968]

28 minutes ago, SGtoMurica said:

 

Yes, overall, AOS is being processed significantly quicker than CP.

 

Our friends submitted their I-485 the same week that we were placed in AP, and they received their EAD and AP after 27 days, and they received their GC in hand after 84 days. They are probably very lucky, but not impossible. Just hang out on Immigration Reddit and you will see how many people got their GC approved within 3 months.

This is more rare then the norm. Go look and the AOS from Tourist visa forum. You will see many more waiting over a year. 

 

Lets not derail this thread further. I hate to have to remove posts that were genuine because we started derailing things. 

[Fayisa 21]

1 hour ago, Gha said:

Hi @Fayisa I am asking do you get a response from embassy regarding your email .because I did not get any response from embassy last 2 emails 

thank you 

Yes it took one week exactly for them to respond to my email. They ask me to send the required documents before asking me to redo my medical.

[APRIL2023 48]

Question - have anyone that had their interview in April and was placed on AP heard back yet? 
 

It has been close to four months and I’m hesitant to file a WOM, in hopes that something will happen over the next month or so. 

[AP_since_May2023 37]

 

4 minutes ago, APRIL2023 said:

Question - have anyone that had their interview in April and was placed on AP heard back yet? 
 

It has been close to four months and I’m hesitant to file a WOM, in hopes that something will happen over the next month or so. 

 

I think @haruharu is in the same situation as you. Personally, I have seen so many WOM's clear within 2-3 months of filing, but haven't seen many APs clear without WOM (assuming after 3 months).

 

Anyone able to start a google sheet to track AP dates, perhaps one sheet for WOM and another without WOM?