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

[ak47 26]

On 6/6/2023 at 2:31 PM, SGtoMurica said:

Congrats!! And thank you for the update. Seems like WoM is the way to go!

The fact that as soon as you file WOM and when the writ is received by Montreal, they immediately start working on it and you get a passport request in a few weeks indicates they are sitting on the pile and only enact only when they are pressed or pushed by a Writ. Otherwise they take their own sweet time. But looks like things are getting better so there is a hope.

[AP_since_May2023 37]

10 minutes ago, ak47 said:

The fact that as soon as you file WOM and when the writ is received by Montreal, they immediately start working on it and you get a passport request in a few weeks indicates they are sitting on the pile and only enact only when they are pressed or pushed by a Writ. Otherwise they take their own sweet time. But looks like things are getting better so there is a hope.

Yes, indeed. It is frustrating considering that many of us have been waiting since forever. In my case, I had already submitted an Adjustment of Status application before receiving my Consulate Interview. So I withdrew my AOS ($3000 gone), booked airfare and hotel (another $5000) only to receive AP.

 

If I had stuck to AOS, I will likely have my EAD + AP, possibly even GC by now.

[APRIL2023 46]

8 hours ago, WatchingPaintDry said:

Long time reader, first time poster. My spouse is sponsoring is via IR1. She's born & raised American. I'm born & raised Canadian. Been working in the US since 2013 under a TN work permit. Met my wife in Feb 2015, dated for 3 years, got married April 2018. Now the journey with immigration begins. Like everyone here, I've been impacted by US Montreal Consulate's processing time. A brief overview of my timeline:

 

1. Aug 2018 - Filed application for Permanent Residency -
2. Nov 2018 - Received acknowledgement application receipt
3. Dec 2019 - Received communication  my application with NVC stating a follow up appointment request will come soon
4. 2020 - COVID - Complete Write off
5. Dec 2021 - Interview Appointment confirmed with Montreal US Consulate for Jan 24th 2022
6. Jan 24, 2022 (AM) - Interview conducted. Very pleasant interview. Was expecting an approval. Received a message at the end "You're application is refused as it is go through administrative processing. You'll receive a questionnaire in your email. Please complete it and return to us as soon as possible. Once we have it, we may begin the administrative processing". I requested approximate processing time. Was not given an estimate and my passport was returned (that's never good).
7. Jan 24, 2022 (PM) - Received the DS-5535 as a word document questionnaire.
8. Jan 26, 2022 - Completed the questionnaire and returned to the consulate
9. Jan 28, 2022 - Case Updated (Status: Refused)
10. Feb 2, 2022 - Case Updated (Status: Refused)
11. Feb 4, 2022 - Case Updated (Status: Refused) and I find this forum and begin reading everyone's frustrating journeys
12. Feb 5, 2022 - March 2023 - Nothing happens. I consider filing the WOM after reading others doing it but my attorney encourages me not too stating "You are able to stay in the US with your TN that is valid well into 2024. Save yourself the $5K. I'm telling you this as your lawyer, save your money."
13. March 17, 2023 - Case Updated (Status: Refused) (first movement since Feb 4, 2022)
14. Apr 5, 2023 - Received communication to submit new medical and RCMP record as they both expired (obviously). Also was requested for passport and two recent pictures "to complete finalizing the process". Lawyer states this is the final line.
15. May 15, 2023 - Conducted new medical and RCMP criminal background check 
16. May 25, 2023 - Medical submitted to US Consulate by the physician
17. May 25, 2023 - Case Updated (Status: Refused)
18. May 29, 2023 - Submitted RCMP criminal background check, Passport, and two Recent Photos
19. May 31, 2023 - Consulate received the package
20. Jun 2, 2023 - Case Updated (Status: Refused)
21. Jun 7, 2023 - Case Updated (Status: Refused)

I know I'm likely near the finish line now but in total it took ~5 years for something that use to take 10-14 months just a few years ago. Yes COVID stopped everything and Administrative Processing no one expected. No explanation was given as to why I was put in. I've been in AP for 1.5 years  (Jan 2022-June 2023) now and didn't file a WOM on principal and was I lucky to have my TN so that I could stay with my wife. Now that I'm near the finish line, it's so frustrating watch paint dry and hoping to finally see "Case Updated (Status: Issued)"

 

That's my story. Hang in there everyone. There eventually will be a light at the end of the tunnel (with or without WOM).

 

 

 

Thank you for sharing this and wow what a journey! I hope you’ll have your visa soon!! 
 

It’s great that you have TN and not having to file a WOM. did u encounter any issue when filing for TN when IR1 is pending? 

[WatchingPaintDry 26]

@APRIL2023 Thank you! Never encountered an issue renewing my TN when IR1 was submitted/pending. Never had an issue crossing in nor was I questioned.

 

My lawyer advised me if I'm ever asked just state verbatim "Yes officer, I have an application pending in Consular Processing. Upon completion of my TN I plan on moving back home (Canada) and waiting for my Visa application to complete it's process".

[APRIL2023 46]

14 minutes ago, WatchingPaintDry said:

@APRIL2023 Thank you! Never encountered an issue renewing my TN when IR1 was submitted/pending. Never had an issue crossing in nor was I questioned.

 

My lawyer advised me if I'm ever asked just state verbatim "Yes officer, I have an application pending in Consular Processing. Upon completion of my TN I plan on moving back home (Canada) and waiting for my Visa application to complete it's process".

This is good to know! Thank you! Sounds like u have an honest lawyer! Would u mind sharing his name just in case I need it? 
 

i have a job offer too, but unfortunately it doesn’t qualify for TN. Going the H1B route but I was told that even with H1B, there’s a possibility that applicants can be flagged for AP!

[Gha 14]

Hi @APRIL2023 my interview was in last October and put me in administrative processing and they did not issue me ds5535 . After 6 week they send me email there were 13 questions in the mail same like Ds 5535 . After 7 week of they issued my visa for 2 days they they again refused my visa and asked me Ds5535 and submitted everything in first week of March .it been 8 months and still refused

 

[APRIL2023 46]

41 minutes ago, Gha said:

Hi @APRIL2023 my interview was in last October and put me in administrative processing and they did not issue me ds5535 . After 6 week they send me email there were 13 questions in the mail same like Ds 5535 . After 7 week of they issued my visa for 2 days they they again refused my visa and asked me Ds5535 and submitted everything in first week of March .it been 8 months and still refused

 

@Gha thank you for the info. It makes me feel a bit better to know that others have to wait. But right now I’m beyond nervous to know that it has been almost 2 months and no words from the consulate. 
 

I’m confused though, why issue the visa for 2 days?? 

[Gha 14]

Hi @APRIL2023 even I don’t know why they issued my visa and then asked me to submit ds5535

 

[throwitaway 189]

10 hours ago, Gha said:

Hi @APRIL2023 my interview was in last October and put me in administrative processing and they did not issue me ds5535 . After 6 week they send me email there were 13 questions in the mail same like Ds 5535 . After 7 week of they issued my visa for 2 days they they again refused my visa and asked me Ds5535 and submitted everything in first week of March .it been 8 months and still refused

 

When you say Issued, you mean your CEAC status was “Issued” for two days and then they changed it back to “Refused”?

[Gha 14]

4 hours ago, throwitaway said:

When you say Issued, you mean your CEAC status was “Issued” for two days and then they changed it back to “Refused”?

Yes my visa status was issued for 2 days in first week of March and after 2 days it was again refused and send me email and asked me to submit ds5535 . It was almost same question whatever they sent me email in December 

 

[SalishSea 16,795]

21 hours ago, APRIL2023 said:

This is good to know! Thank you! Sounds like u have an honest lawyer! Would u mind sharing his name just in case I need it? 
 

i have a job offer too, but unfortunately it doesn’t qualify for TN. Going the H1B route but I was told that even with H1B, there’s a possibility that applicants can be flagged for AP!

Applicants for ANY US visa may be flagged for AP.   Getting an interim visa while in AP doesn’t eliminate or correct the reason for the extra vetting.

[throwitaway 189]

4 hours ago, Gha said:

Yes my visa status was issued for 2 days in first week of March and after 2 days it was again refused and send me email and asked me to submit ds5535 . It was almost same question whatever they sent me email in December 

 

Wow that’s a first

[Chancy 6,233]

38 minutes ago, throwitaway said:

Wow that’s a first

 

There's a VJ member whose beneficiary got the visa on hand, then the visa got revoked a week after, then got DS-5535.  Still on AP after a year.

 

[throwitaway 189]

5 minutes ago, Chancy said:

 

There's a VJ member whose beneficiary got the visa on hand, then the visa got revoked a week after, then got DS-5535.  Still on AP after a year.

 

Whoa!

[Gha 14]

@Chancy my question is the vj member who revoked the visa after 1 week .he or she got the decision from Montreal embassy or other country embassy and he still on Ap