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

[AP_since_May2023 37]

21 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.

 

Yes, there have been folks who filed WOM before 60 days mark but not many. I believe those are mostly iranians, since they already expect to undergo AP even before being placed in AP.

[anotheronewaiting 2]

4 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? 

Oh, interesting.. I wish they were transparent about the processing rather than telling us to fill out an email questionnaire and nothing else lol. I am grateful that everyone has been able to share their experiences so we do not get stuck waiting even longer- it has already been nearly two years and we haven't even finished our K1 yet. Adjustment of status to get a green card comes afterward, so another year of waiting by the sound of it.

 

My fiancé lives in QC and I live in upstate NY and practice here. We are able to see each other often now that the pandemic has calmed down and I am finished with my schooling, so I know we could have it much worse. I did not think we could legally get married before filing for a K1, and it wasn't until we waited over a year (original processing time was 5-7 months when we filed) we saw that people could get married and file other visas that process a lot faster than ours. It is all hindsight now though. And it sounds like once we get a DS5535, we will get one again if we file for anything else (I could be wrong though, since there really isn't much transparency from the governments behalf on this..). 

[throwitaway 189]

11 minutes ago, anotheronewaiting said:

And it sounds like once we get a DS5535, we will get one again if we file for anything else (I could be wrong though, since there really isn't much transparency from the governments behalf on this..). 

Yes, future filings through DOS are more likely to trigger another DS5535, but if you are coming on a K1 you don’t usually go through DOS again. Your adjustment later would be with USCIS, who don’t use that form.

[LYV 42]

Just a reminder for anyone who hasn't yet. Could you please add your case to our group excel sheet here. It’s helpful for people to see where everyone is at in the process, especially as they start getting through.

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit

[anotheronewaiting 2]

Just now, throwitaway said:

Yes, future filings through DOS are more likely to trigger another DS5535, but if you are coming on a K1 you don’t usually go through DOS again. Your adjustment later would be with USCIS, who don’t use that form.

That is really helpful to know! I was fearful that it would trigger again some point later on, even though our case is straightforward. We will figure something out to get through this, hopefully not taking too much longer.. The only new information they have from the DS5535 is the rest of my fiance's travel history. It's a shame to think it will take months sitting on someone's desk to process something so simple and pointless, but that is the common theme for this thread I suppose! After this is said and done, I am going to see what more I can do to advocate for a better legal immigration system. We really don't deserve to deal with this.

[Nbc16 3]

Has anybody emailed the consulate lately? I emailed them twice and never got that usual automatic reply which is odd…

[Gha 15]

Hi

@Nbc16 I mailed them 3 time .last month 2 time and this month 1 month 1 time but I did not get any response 

thank you 

[Nbc16 3]

55 minutes ago, Gha said:

Hi

@Nbc16 I mailed them 3 time .last month 2 time and this month 1 month 1 time but I did not get any response 

thank you 

They just responded to me with this: 

Hello, 

 

Thank you for your inquiry.  

 

Your case was refused under section 221(g) of the Immigration and Nationality Act on May 8, 2023, and is currently under administrative processing. As soon as the administrative processing is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case. 

  

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. 

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the State Department are aware of your concerns and will contact you as soon as the processing is complete. 

 

We hope that this information is helpful in replying to your inquiry.  

Please let us know if we can be of further assistance. 

 

[APRIL2023 48]

1 hour ago, Nbc16 said:

They just responded to me with this: 

Hello, 

 

Thank you for your inquiry.  

 

Your case was refused under section 221(g) of the Immigration and Nationality Act on May 8, 2023, and is currently under administrative processing. As soon as the administrative processing is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case. 

  

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. 

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the State Department are aware of your concerns and will contact you as soon as the processing is complete. 

 

We hope that this information is helpful in replying to your inquiry.  

Please let us know if we can be of further assistance. 

 

I emailed them this month and I received a response within 1 week. 

Aside from the first sentence, the response I received pretty much contained the same generic info as the one above. 

[LYV 42]

Hi there, 

 

I see someone has gone through and changed the way the dates are listed on the group excel sheet. That's okay and should help with clarity. However, doing this may have made your dates incorrect depending on if you listed day first or month first when you first entered your dates. (for instance my DQ date changed to 2022 from 2019 and my date returned DS-5535 was 2006 from 2023) Can everyone go and check to see if your dates are still correct? 

 

Also, if someone would like to improve the sheet that is great and encouraged as it is for all of us, but I think it would be helpful to broach it to the group first so that everyone knows what is going on, can provide input on the changes, and can keep the sheet accurate. 

 

Let me know what you think

 

Thanks!

 

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

 

[LYV 42]

Nice to see that @wcr984 got through in 3 months without WOM

[AP_since_May2023 37]

@Wcr984 Did you or your employer put in any request for expedited processing of AP? It seems like your consulate interview was expedited on the basis of your occupation as a nurse.

[Wcr984 22]

59 minutes ago, SGtoMurica said:

@Wcr984 Did you or your employer put in any request for expedited processing of AP? It seems like your consulate interview was expedited on the basis of your occupation as a nurse.

My employer had only asked if I’d heard anything after about 2 months of waiting, but nobody told me anything about being expedited. So, who knows? 🤷🏻‍♂️Either way, a relief. 

[AP_since_May2023 37]

4 hours ago, Wcr984 said:

My employer had only asked if I’d heard anything after about 2 months of waiting, but nobody told me anything about being expedited. So, who knows? 🤷🏻‍♂️Either way, a relief. 

 

Thanks for the info. Did your employer handle the entire I-140 & DS-260 etc? Are you already working in the US or this was the final step before you were able to move? 

[LYV 42]

5 hours ago, Wcr984 said:

My employer had only asked if I’d heard anything after about 2 months of waiting, but nobody told me anything about being expedited. So, who knows? 🤷🏻‍♂️Either way, a relief. 

@Wcr984 Are you in the medical field? I think they would push through medical professionals quicker, especially nurses.