The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)

[northface 18]

41 minutes ago, Leo The Great said:

We got 6 updates in 14 days after we submitted DS-5535 and resume (No emails from our end). After that radio silent and we got one update this month same day when consulate replied our email.

 

Similar as mine.  Actually they checked online then updated on CEAC web, based on the submited DS-5535. Some checks will be sent to DC. 

 

[MonB 0]

21 hours ago, ShawnK said:

Yes, that's the dreaded ds5535. It used to be via email,  now it's a form.  The purpose is to conduct a security related background check.

 

Unfortunately not much you can do but wait. You can file a lawsuit after 6-12 months,  costs $5500-$7k, not as effective as it was a year ago.

 

You have to fill it out and wait......unfortunately the wait can be long, 9- 14 months. We still have Feb 2023 people waiting. 

 

Do you or your spouse have any ties or extensive travel to any country that may be considered problematic?

 

 

 

[MonB 0]

Hi Thanks for the response, but the question is my wife didn't receive any form during the interview and nothing is showing up in the website of CEAC, it only says refused, and after i sent an email I got this response, should I file this form??, it was sent online, you mentioned that it used to be this way but not anymore, even in the website it says the officer will hand you a form in case they need more info, I am just confused, is this legit???,

 

[Sisa24 12]

6 minutes ago, MonB said:

Hi Thanks for the response, but the question is my wife didn't receive any form during the interview and nothing is showing up in the website of CEAC, it only says refused, and after i sent an email I got this response, should I file this form??, it was sent online, you mentioned that it used to be this way but not anymore, even in the website it says the officer will hand you a form in case they need more info, I am just confused, is this legit???,

 

I was given a paper with a link on it. When I went online & typed the address it gave the exact same page you’re referring too. At the beginning I was also suspicious because it was like a form on “Office” which seemed weird to me. If you read carefully towards the end of that long paragraph it says ds5535

Edited February 7 by Sisa24

[Leo The Great 89]

8 minutes ago, MonB said:

Hi Thanks for the response, but the question is my wife didn't receive any form during the interview and nothing is showing up in the website of CEAC, it only says refused, and after i sent an email I got this response, should I file this form??, it was sent online, you mentioned that it used to be this way but not anymore, even in the website it says the officer will hand you a form in case they need more info, I am just confused, is this legit???,

 

Some applicants received DS-5535 form next day or later although they were verbally approved by CO (No 221g were given to them after the interview). If you have time to go thru all three parts, you will find one or two such cases. The form is legit as we filled out the same form for DS-5535 but we were served with 221g and received DS-5535 email next day. .

Edited February 8 by Leo The Great

[MonB 0]

thanks a lot for all the info, just another question plz, in case we have to wait for 6 months or more, will they at least send the passport back??

[Leo The Great 89]

7 minutes ago, MonB said:

thanks a lot for all the info, just another question plz, in case we have to wait for 6 months or more, will they at least send the passport back??

You can send a request  to consulate for passport. It will be returned to you in few days

[Canucklehead 58]

2 hours ago, Daft_Cat said:

This is a great post.

 

Also, as it so happens, we interviewed within a couple days of each other. I had also been experiencing radio silence until a few weeks back when I sent my first “friendly reminder” email since last summer. While I received no response, I did get a case update on Jan 31st (which wasn’t necessarily surprising) and then got another unsolicited update on Feb 5th.

 

Could be something, could be nothing… but I did stress in my email that I’ve now been waiting a year. Part of me wonders if the officer reviewing my email put it in a priority pile based on the amount of time I’ve been waiting.

 

I know it’s usually a fools errand, but might be worth reaching out to them again if my experience is at all indicative.

I sent one about 3 weeks ago also mentioning much the same haha - no response or update. I may send another one today highlighting my waiting time as well!

[throwitaway 189]

On 2/6/2024 at 2:10 PM, MRJ9987 said:

Has anyone tried doing FOIA?  Who would I send it to?  I was suggested to query USCIS with FOIA but my understanding is that it wouldn't be them (USCIS already approved me)?

“The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one of these nine exemptions. The nine exemptions are described below. Exemption 1: Information that is classified to protect national security.”

 

Because DS5535 is national

security related, it’s unlikely DOS will reveal their reasoning re: your case as it could disclose specifics about the natural security apparatus and what exactly triggers extreme vetting at interview. 

[throwitaway 189]

18 hours ago, MonB said:

Hi Thanks for the response, but the question is my wife didn't receive any form during the interview and nothing is showing up in the website of CEAC, it only says refused, and after i sent an email I got this response, should I file this form??, it was sent online, you mentioned that it used to be this way but not anymore, even in the website it says the officer will hand you a form in case they need more info, I am just confused, is this legit???,

 

This is DS-5535. In the past this was done by email, now it’s an online form. It’s legit. If you need the passport, email them. It makes little difference to the process, when they’re ready to issue they’ll ask for it back.

[throwitaway 189]

19 hours ago, dmitrych said:

 

I read the whole 3 parts of this thread (more than 400 pages), and from what I've seen, my theory is that "pending a review by a consular officer" means the next action has to be done by the officer *in* the consulate, rather than the consulate waiting for a response from other agencies. It might not mean the case is definitely going to get approved soon (in 1-2 months maybe), but the likelihood is higher.

When a security clearance comes back, a CO must review the file and adjudicate. They appear to have a whole process for adjudication so it does take time and that resource must be allocated. 

 

On top of that, for some classes a visa number has to be available, sometimes they’re not and must be requested again from the Visa Office (VO). 

 

Visa numbers are assigned to cases scheduled for interview and held for only one month after interview, otherwise they are recycled for another case in the consulate (likely a newly cleared AP case) or returned to the VO.

 

This is why when people finally get their visas sometimes the annotation says “clearance received on such and such date a few weeks back” as it can take a while based on those factors. 

[Phil_K_IR1 83]

2 minutes ago, throwitaway said:

When a security clearance comes back, a CO must review the file and adjudicate. They appear to have a whole process for adjudication so it does take time and that resource must be allocated. 

 

On top of that, for some classes a visa number has to be available, sometimes they’re not and must be requested again from the Visa Office (VO). 

 

Visa numbers are assigned to cases scheduled for interview and held for only one month after interview, otherwise they are recycled for another case in the consulate (likely a newly cleared AP case) or returned to the VO.

 

This is why when people finally get their visas sometimes the annotation says “clearance received on such and such date a few weeks back” as it can take a while based on those factors. 

But I thought if you're IR1 category (citizen sponsoring spouse) that a visa number is always available right? 
 

so wait they need to ask for another one... blah. 
 

Yeah we assumed as much though. We got that email that it's pending review but it's been 1 month since then. No movement. 

Edited February 8 by Phil_K_IR1

[throwitaway 189]

8 minutes ago, Phil_K_IR1 said:

But I thought if you're IR1 category (citizen sponsoring spouse) that a visa number is always available right? 
 

so wait they need to ask for another one... blah. 
 

Yeah we assumed as much though. We got that email that it's pending review but it's been 1 month since then. No movement. 

That’s why I said some - more of an issue for some classes, less of an issue for yours. For example if it was a DV visa - those are capped and highly dynamic, it can take the VO a while to ensure they’ve got the numbers right at that time of the year before releasing more. At some point those visas run out, and when it gets closer to the cap they have to be very calculated. 

 

Edit: I should clarify that when I said a visa must be available I meant “available at the consulate for immediate use”. Some visas like IR1 are available with no caps, but they’re not available for immediate use at the consulate until the VO releases them to the consulate - hope that makes sense. 

Edited February 8 by throwitaway

[Phil_K_IR1 83]

1 minute ago, throwitaway said:

That’s why I said some - more of an issue for some classes, less of an issue for yours. For example if it was a DV visa - those are capped and highly dynamic, it can take the VO a while to ensure they’ve got the numbers right at that time of the year before releasing more. At some point those visas run out, and when it gets closer to the cap they have to be very calculated. 

 

 

Ahh gotcha. Makes these endless delays even more infuriating for everyone in this messed up process

[throwitaway 189]

3 minutes ago, Phil_K_IR1 said:

Ahh gotcha. Makes these endless delays even more infuriating for everyone in this messed up process

Multiple layers of bureaucracy!