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

[CondorMantis 2]

1 minute ago, Crazy Cat said:

Where is the beneficiary right now?

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

[Crazy Cat 39,840]

Just now, CondorMantis said:

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

Thanks for the info. 

[Darkknight574 1]

26 minutes ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

The fraud comment is mentioned by others in this forum before too. It seems many lawyers advised their clients not to apply for AOS while waiting for their AP result. It would be interesting to see your result. Plz update us. Do you know the current waiting time for AOS ?

[APRIL2023 51]

58 minutes ago, CondorMantis said:

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

Going though AOS through H1B would make sense given the dual intent nature. I am in the states as a visitor (B1), which is why my lawyer would advise against it. 

[Ontarkie 13,980]

1 hour ago, CondorMantis said:

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

Yes it will be considered abandoned. You start from scratch by doing. AOS. 

 

Also for those that have changed direction please make your way to the AOS forum and not disrupt this thread further. 

[Ontarkie 13,980]

1 hour ago, Darkknight574 said:

The fraud comment is mentioned by others in this forum before too. It seems many lawyers advised their clients not to apply for AOS while waiting for their AP result. It would be interesting to see your result. Plz update us. Do you know the current waiting time for AOS ?

Just saw a post that approval took 1.5yrs. 

Ead and AP was about 6-8 months and I've seen it mentioned it is getting longer. 

[ShawnK 76]

I keep overthinking some of my ds5535 responses and was wondering, would it be a red flag if you haven't listed any of the major social media sites? 

 

I simply deleted mine long ago (over 10 years ago) for personal and privacy reasons. I'm a millennial and it's rare not to have FB/Instagram etc..but I honestly don't and was wondering if that would delay my AP process?

 

 

[Ontarkie 13,980]

9 minutes ago, ShawnK said:

I keep overthinking some of my ds5535 responses and was wondering, would it be a red flag if you haven't listed any of the major social media sites? 

 

I simply deleted mine long ago (over 10 years ago) for personal and privacy reasons. I'm a millennial and it's rare not to have FB/Instagram etc..but I honestly don't and was wondering if that would delay my AP process?

 

 

Not a problem and that alone will not cause more delay.

Edited January 5 by Ontarkie

[CondorMantis 2]

6 minutes ago, ShawnK said:

I keep overthinking some of my ds5535 responses and was wondering, would it be a red flag if you haven't listed any of the major social media sites? 

 

I simply deleted mine long ago (over 10 years ago) for personal and privacy reasons. I'm a millennial and it's rare not to have FB/Instagram etc..but I honestly don't and was wondering if that would delay my AP process?

 

 

I don't know what version of the DS-5535 you got, but the social media question they ask is:
"Please provide your unique user name for any websites or applications you have used to create or share
content (photos, videos, status updates, etc.) as part of a public profile within the last five (5) years."
So, I personally wouldn't worry about some old/private/deactivated accounts.
FWIW, some immigration attorneys even question whether there is any serious vetting and investigation that they do following the DS-5535 submission, they wouldn't give clearances just to avoid dealing with lawsuits if that was the case. Just an opinion. This process is a blackhole and I am just guessing here. 
 

[Gha 15]

Hi

i just asking what the difference between visa navigator and op3 when they reply your mail

thank you 

[northface 18]

5 hours ago, Gha said:

Hi

i just asking what the difference between visa navigator and op3 when they reply your mail

thank you 

 

Navigator ~~ investigator? Who requests for more documents ?

Op3--- 0fficer of process,  in charge of your case?

 

Just my guessing.  

[AP_since_May2023 37]

On 1/2/2024 at 2:14 PM, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

 

Did your lawyers share real-life cases whereby a spouse of a US citizen is denied entry FOREVER for this situation?

 

Unless there is real threat to national security and/or committed serious crimes, I strongly doubt spouses of US citizens would be denied entry forever, but I hope to be corrected.

[AP_since_May2023 37]

On 1/3/2024 at 2:55 PM, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

When was your interview, DS-5535 and when did you apply for AOS?

[APRIL2023 51]

On 1/6/2024 at 6:14 PM, SGtoMurica said:

 

Did your lawyers share real-life cases whereby a spouse of a US citizen is denied entry FOREVER for this situation?

 

Unless there is real threat to national security and/or committed serious crimes, I strongly doubt spouses of US citizens would be denied entry forever, but I hope to be corrected.

US is very serious about immigration fraud and the officers have the rights to deny entry at anytime if you have a history of fraud. Why chance it? Having a US spouse or children wouldn’t make a difference. Just look at many of us here (myself included) who have suffered family separation due to AP. 
 

I’ll just hang tight and hope that the April AP will hear back soon. 

[appleblossom 1,523]

On 1/6/2024 at 9:14 PM, SGtoMurica said:

 

Did your lawyers share real-life cases whereby a spouse of a US citizen is denied entry FOREVER for this situation?

 

Unless there is real threat to national security and/or committed serious crimes, I strongly doubt spouses of US citizens would be denied entry forever, but I hope to be corrected.

 

Being married to a USC confers no automatic right to enter the US. Lots of people are married to USC's but can't enter the US, perhaps they have a ban from a previous overstay, or they have a drug conviction that makes them ineligible to enter etc.