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

[Ontarkie 13,954]

30 minutes ago, Daft_Cat said:

Getting flashbacks to last year when I had to deal with exactly this issue. I only had a copy of my current passport as well as the one that had recently expired. I didn't keep any of my earlier ones. Unfortunately I couldn't find a clear process for obtaining historical numbers and didn't want to delay submission of my DS-5535 by weeks or months. 

My attorney advised me to interpret the question in a broader way as an inquiry into whether I've ever held a non-Canadian passport (vs. prior versions of the Canadian passport I hold today), to which the answer was no. He said he'd seen this question answered in both ways, and that neither approach had been flagged. So far the consulate hasn't requested additional info, so fingers crossed... but that's the only question that made me a bit nervous. 

In any case, my hope is that they have some ability to triangulate your current passport to earlier versions... But just goes to highlight how ambiguous and all-encompassing the DS-5535 process is.

Yes it is not a big deal if you can't remember the past numbers, it wasn't you trying to sneak something past. They are well aware that most of the time Canada does not send the old passports back unless it is requested. The history is still there and they can see it. 

[Ontarkie 13,954]

10 minutes ago, MonB said:

Question: my wife got a ds-5535, she is a Candian citizen, while we're waiting, can she visit the US??, (of course she will go back to CANADA) should we notify the consulate every time she visits the US??, or she has to wait until the process is done.

Thanks

Yes she can visit. Many  others in her situation did without issue. It is never a guaranty unless you are a USC of course. 

Edited February 26 by Ontarkie

[CarmenD 38]

5 minutes ago, MonB said:

Question: my wife got a ds-5535, she is a Candian citizen, while we're waiting, can she visit the US??, (of course she will go back to CANADA) should we notify the consulate every time she visits the US??, or she has to wait until the process is done.

Thanks

Does not have to wait until the AP process is completed. She can travel to the US with a valid Canadian passport.  No need to notify the Consulate.  She can stay in the US up to six months 

[Canucklehead 58]

20 minutes ago, MonB said:

Question: my wife got a ds-5535, she is a Candian citizen, while we're waiting, can she visit the US??, (of course she will go back to CANADA) should we notify the consulate every time she visits the US??, or she has to wait until the process is done.

Thanks

As stated, visiting is OK and you do not need to notify embassy. Just remember to not stay over 6 months in a 12 month period and it is always good practice to have a return flight, pack relatively light and be transparent and honest with questions asked by the border guard.

[Phil_K_IR1 83]

2 minutes ago, Canucklehead said:

As stated, visiting is OK and you do not need to notify embassy. Just remember to not stay over 6 months in a 12 month period and it is always good practice to have a return flight, pack relatively light and be transparent and honest with questions asked by the border guard.

I would also recommend printing out evidence you'd be returning (paystub, return flight, work schedule, whatever). Just in case.

[Superluminal 73]

I'm starting to feel we need a FAQs section for this discussion. 

[CarmenD 38]

1 hour ago, JamesTan said:

 

 

Thanks for the reply.

 

Yeah I would assume that they have info my border crossing to the United States but for example my trip to Turkey and Egypt, I flew to UK from Canada, then to France, then Greece, then Egypt and turkey. Afterward I went to another country and flew back to Canada. These are all on different flight and I didn't book them at the same time.

 

For the passport, I only have 3 years left on my passport anyways and only have a couple of pages left. If immigrated to the US, I probably would want to renew it earlier before I moved rather than later and have to renew it in another country. Makes sense I think.

Your Canadian passport was scanned in connection with all the travel you mention.  I’m going to say US Immigration will have visibility on them.  

 

I would strongly recommend not showing up to your interview with a newly issued passport bearing a number /issue and expiration dates different than the one you applied with.  You’d only be asking for trouble.  It would be easy enough to renew your Canadian passport in the US at a US Embassy or Consulate.

[AP_since_May2023 37]

4 hours ago, ak47 said:

Not sure what you mean by 'too Quickly'....I have been in  AP for 11 months now.

 

If you contact them every week, they will begin to ignore you. Once a month seems to be the reasonable number of times to contact them.

[Pending DS5535 13]

4 hours ago, JamesTan said:

I'm not sure if US immigration has data on my travels unless I used a US airline and flew to the United States through a transfer, although im curious to hear you guys' thoughts. I'm not even sure if my category (son of a US citizen) would be required to give information such as profession or travel in the interview. Anyway, I think it would be a safer bet to get a new passport as I have a lot of travel stamps in my current one. 

 

Also is it just the EB visas that are being asked for a CV? Or are spouses/fiance of US citizens being asked for them as well? This would be kind of weird if that was the case. Do they even screen by profession when considering spouses/fiances of US citizens when it comes to AP?

 

Does anyone have any data suggesting if AP or DS5355 is decided before the interview by a system or by the interviewer? Or maybe both?

 

 

Not only spouses but they ask for resumes from parents for the IR5 Visa category as well, if the visa applicant is a professional as per their TAL list. I am asked my resume, and research publications for my chemical engineering.

[AP_since_May2023 37]

1 minute ago, Pending DS5535 said:

Not only spouses but they ask for resumes from parents for the IR5 Visa category as well, if the visa applicant is a professional as per their TAL list. I am asked my resume, and research publications for my chemical engineering.

 

For research publications, did they ask for the full paper, or just title and abstract?

 

I was asked for my CV but not research publications.

[Pending DS5535 13]

1 minute ago, AP_since_May2023 said:

 

For research publications, did they ask for the full paper, or just title and abstract?

 

I was asked for my CV but not research publications.

They asked for not only research and publication but professor references as well. I provided them with the link to research the full document and sent them just the content and the first chapter. Although my field is all oil and gas related and had a job offer from the USA, they asked for that offer letter as well. Imagine for IR5, they are asking so much, although it is not EB1 or any other work visa. 

[ak47 26]

1 hour ago, AP_since_May2023 said:

 

If you contact them every week, they will begin to ignore you. Once a month seems to be the reasonable number of times to contact them.

I contact them only once a month...how many times do you do..

[tdot2nj 23]

1 hour ago, AP_since_May2023 said:

 

If you contact them every week, they will begin to ignore you. Once a month seems to be the reasonable number of times to contact them.

The first time I emailed them was the beginning of December and they responded within two weeks. The status update changed December 18 as a result of responding to my email. I emailed them again on January 31 and have yet to hear back from them. So I’m not really too sure what their protocol is in regards to answering emails because this would just be my second time inquiring  

[tdot2nj 23]

4 hours ago, JamesTan said:

I'm not sure if US immigration has data on my travels unless I used a US airline and flew to the United States through a transfer, although im curious to hear you guys' thoughts. I'm not even sure if my category (son of a US citizen) would be required to give information such as profession or travel in the interview. Anyway, I think it would be a safer bet to get a new passport as I have a lot of travel stamps in my current one. 

 

Also is it just the EB visas that are being asked for a CV? Or are spouses/fiance of US citizens being asked for them as well? This would be kind of weird if that was the case. Do they even screen by profession when considering spouses/fiances of US citizens when it comes to AP?

 

Does anyone have any data suggesting if AP or DS5355 is decided before the interview by a system or by the interviewer? Or maybe both?

 

 

Based on what I’ve read in the declaration that was made by the acting Director, Carson Wu the decision of whether you’re going to be put into administrative processing is something the system decides and is not something that the consular officer decides. My interview went really well and the individual was typing notes into the system, and all of a sudden her face changed and I could tell something was wrong and that’s when she presented me the letter for 221(g). Also, regardless of whether you change your passport or not, you will need to provide a 15 year travel history so you will have to dig back. I would highly advise against that because they will find out, and the last thing you want to do is be denied for lying.

[tdot2nj 23]

4 hours ago, CarmenD said:

I emailed the Consulate for the first time (I’m about 6.5 months into AP after submitting answers to DS-5535) just last week.  Almost immediately I received this response

This is just an automated email. It’s almost like an acknowledgement that your email has been received by them. It doesn’t mean anything specific to your situation and everyone that emailed that email address receives it as bounce back.