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

[AP_since_May2023 37]

12 hours ago, Irish89 said:

In the same boat since March. We did file a WOM in June so were still waiting on movement with that. 

Can you add your case in here:

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

[Inveigh 69]

14 hours ago, Irish89 said:

In the same boat since March. We did file a WOM in June so were still waiting on movement with that. 

How long were you waiting before you filed a WOM

[Tikitch 21]

On 8/9/2023 at 8:57 AM, LAMA9 said:

Congratulations @Tikitch!  I had to send in the email requesting my passport, the courier slip and updated passport photos (they are only valid 6 months from date taken) and as an added measure I sent in an updated police background certificate as others were asked for that.  I wasn't, but didn't want to give them any excuse to turn around and have to ask for additional things delaying the process even further.

Hey! How long did it take to issue the visa after they received the medical and your passport?

[stuckinlimbo 1]

Hello! Does anyone know why all of a sudden my Immigrant Visa Case number is showing up as invalid in the CEAC website? I checked it yesterday around 4PM and was able to access it and then checked after a couple of hours and all of a sudden, it's invalid.... I have a DV application... Thank you!!

[LAMA9 118]

4 hours ago, Tikitch said:

Hey! How long did it take to issue the visa after they received the medical and your passport?

It was ~ 4 weeks from their receipt of my passport and medical until it showed issued, and then it took 2 business days for me to receive my passport back.

[Irish89 24]

On 8/15/2023 at 1:26 PM, Inveigh said:

How long were you waiting before you filed a WOM

We waited 90 days. seems like 90 days could be the new benchmark as per time to wait before filing WOM. 

[Irish89 24]

On 8/15/2023 at 10:47 AM, SGtoMurica said:

Can you add your case in here:

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

Done 👍

[ShawnK 76]

Hello just a heads up for everyone, just consulted with lawyer who handles these cases, when asking about timelines  was told more and more the US attorney is starting to fight back with motion to dismiss, after asking for multiple extensions.

 

This delays things. This is a new trend they are seeing this summer. Just keep this in mind. It seems now it won't be  easy to just get an approval with WOM.

 

Very depressing.

[ajxl888 22]

On 8/8/2023 at 6:09 PM, 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. 

 

Hey There,

 

Had my interview April 13th and still waiting on my side.  Just at a loss at this point.  Last case update was July 5th.

[Jvisa 4]

On 8/17/2023 at 8:58 AM, ShawnK said:

Hello just a heads up for everyone, just consulted with lawyer who handles these cases, when asking about timelines  was told more and more the US attorney is starting to fight back with motion to dismiss, after asking for multiple extensions.

 

This delays things. This is a new trend they are seeing this summer. Just keep this in mind. It seems now it won't be  easy to just get an approval with WOM.

 

Very depressing.

Unfortunately it is true.

[anotheronewaiting 2]

Hi,

 

New to this dreaded journey. NOA1 for I-129F on 10/4/21. Already had delays from an RFE for further information to prove a bona fide intent to marry before NOA2. We waited over a month for interview dates to pop up, and were able to book an interview one week prior to our interview date. Because of this, our medical did not arrive in time (they sent it 1 day after the interview....) Because of this, we got a 221g for medical and were told to fill out an email questionnaire to "avoid delays". Our email was labeled DS5535. Our case has been updated the day of the interview, still stating "ready", and the day after the interview when they received our medical results it was updated and still says "ready". They kept my fiance's passport at the end of his interview. So the waiting begins.

 

Now I am trying to figure out what to do next. I am in the process of finding a lawyer to seek legal input, but would appreciate any advice from others who have recently (late 2022/2023) been in the same boat. I hate being sent into uncertainty after waiting so long. We did not know it was possible to get stuck in an endless cycle at the last stage before getting married. Our wedding is supposed to be planned for the end of October 2023. I am devastated to see the degree of delays, knowing it will impact our wedding date after we were so excited to finalize everything when we got our interview date. We let everyone know with the delays it would be a stretch, but we were really hopeful to make this happen so my fiance's grandmother (90 years old) could make it to the wedding.

 

After reading through the recent entries here, it sounds like it is rarely processed within 60 days, but that is the supposed time frame before anyone is willing to take legal action. Has anyone ever dropped their K1, got married, and started over filing for a CR1/I130? I am even contemplating dropping the whole visa and moving to Canada instead.. I am a medical professional so I could use that to my advantage, but that was one of the main reasons we wanted to settle in the US (did not want to take another licensure exam, language barrier would prevent me from using my degree in Quebec and we both live along the Canadian border in QC/NY).

 

With all of that said, I would like to give everyone here a virtual hug. What a process to be able to live with our loved ones.

[AP_since_May2023 37]

17 hours ago, anotheronewaiting said:

Hi,

 

New to this dreaded journey. NOA1 for I-129F on 10/4/21. Already had delays from an RFE for further information to prove a bona fide intent to marry before NOA2. We waited over a month for interview dates to pop up, and were able to book an interview one week prior to our interview date. Because of this, our medical did not arrive in time (they sent it 1 day after the interview....) Because of this, we got a 221g for medical and were told to fill out an email questionnaire to "avoid delays". Our email was labeled DS5535. Our case has been updated the day of the interview, still stating "ready", and the day after the interview when they received our medical results it was updated and still says "ready". They kept my fiance's passport at the end of his interview. So the waiting begins.

 

Now I am trying to figure out what to do next. I am in the process of finding a lawyer to seek legal input, but would appreciate any advice from others who have recently (late 2022/2023) been in the same boat. I hate being sent into uncertainty after waiting so long. We did not know it was possible to get stuck in an endless cycle at the last stage before getting married. Our wedding is supposed to be planned for the end of October 2023. I am devastated to see the degree of delays, knowing it will impact our wedding date after we were so excited to finalize everything when we got our interview date. We let everyone know with the delays it would be a stretch, but we were really hopeful to make this happen so my fiance's grandmother (90 years old) could make it to the wedding.

 

After reading through the recent entries here, it sounds like it is rarely processed within 60 days, but that is the supposed time frame before anyone is willing to take legal action. Has anyone ever dropped their K1, got married, and started over filing for a CR1/I130? I am even contemplating dropping the whole visa and moving to Canada instead.. I am a medical professional so I could use that to my advantage, but that was one of the main reasons we wanted to settle in the US (did not want to take another licensure exam, language barrier would prevent me from using my degree in Quebec and we both live along the Canadian border in QC/NY).

 

With all of that said, I would like to give everyone here a virtual hug. What a process to be able to live with our loved ones.

 

If you received DS-5535, then I wouldn't be optimistic about getting processed within 60 days. I don't think there are any DS-5535 cases that have resolved before 60 days (even with WOM). 

 

Can you move to Ontario? I believe that US-trained physicians can practice in Ontario without having to write other exams. https://www.cpso.on.ca/en/Physicians/Registration/Registration-Policies/Alternative-Pathways-to-Registration

[anotheronewaiting 2]

2 hours ago, SGtoMurica said:

 

If you received DS-5535, then I wouldn't be optimistic about getting processed within 60 days. I don't think there are any DS-5535 cases that have resolved before 60 days (even with WOM). 

 

Can you move to Ontario? I believe that US-trained physicians can practice in Ontario without having to write other exams. https://www.cpso.on.ca/en/Physicians/Registration/Registration-Policies/Alternative-Pathways-to-Registration

 

Has anyone filed a WOM before the 60 day mark? I've read through about 30 pages of this and checked a couple of the google docs but it gets depressing to keep reading... Hopefully when next week rolls around I can consult with some of the popular lawyers mentioned here, and see what options we have moving forward. I appreciate the information, but I am a licensed doctor of physical therapy in the United States. I only read into it years ago (pre-pandemic) but transferring my license would be costly and they made it seem like I would have to take courses again to practice there (might have been Quebec specifically though). But at this point I've accepted that I'll probably have to dump thousands of dollars into a lawsuit to get our case over with anyway... such a flawed system.

[ALC 61]

16 minutes ago, anotheronewaiting said:

 

Has anyone filed a WOM before the 60 day mark? I've read through about 30 pages of this and checked a couple of the google docs but it gets depressing to keep reading... Hopefully when next week rolls around I can consult with some of the popular lawyers mentioned here, and see what options we have moving forward. I appreciate the information, but I am a licensed doctor of physical therapy in the United States. I only read into it years ago (pre-pandemic) but transferring my license would be costly and they made it seem like I would have to take courses again to practice there (might have been Quebec specifically though). But at this point I've accepted that I'll probably have to dump thousands of dollars into a lawsuit to get our case over with anyway... such a flawed system.

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... 

 

Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being.

 

Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all? 

Edited August 20, 2023 by ALC

[AP_since_May2023 37]

5 minutes ago, ALC said:

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... 

 

Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being.

 

Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all? 

 

The K1 visa specifically is for fiancee. The plan is to get married within 90 days of arriving in the US.

 

Once they are married, they would have to file under IR1/CR1 instead.