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

[WMBB 23]

So realistically how long am I to wait for Montreal to finalize and issue my VISA?

 

The requested documents, including passport have been received (or at least with their mail processing center) since March 22.

 

The google doc tracker shows some are issued a week after submitting but some are up to 8 weeks if not longer.

 

this is beyond frustrating since this could have been issued in November 2022 after interview but thanks to DS5355 it was not!  

[nneettiiee 8]

2 hours ago, WMBB said:

So realistically how long am I to wait for Montreal to finalize and issue my VISA?

 

The requested documents, including passport have been received (or at least with their mail processing center) since March 22.

 

The google doc tracker shows some are issued a week after submitting but some are up to 8 weeks if not longer.

 

this is beyond frustrating since this could have been issued in November 2022 after interview but thanks to DS5355 it was not!  

It took four weeks from the time they received my husband's passport back to the Issue date. That was January-Feb of this year. 

[WMBB 23]

2 minutes ago, nneettiiee said:

It took four weeks from the time they received my husband's passport back to the Issue date. That was January-Feb of this year. 

thank you, that’s rather comfortably to hear 

[MTLaffectee 9]

Today is the six-month anniversary of my wife's interview. Based on the timelines shared here. It seems it could take another six months. This process is so messed up. 

[Inveigh 69]

49 minutes ago, MTLaffectee said:

Today is the six-month anniversary of my wife's interview. Based on the timelines shared here. It seems it could take another six months. This process is so messed up. 

Based on the current timelines for Montreal I would lean somewhere between 6-8 more months for you (sadly)

Edited April 6 by Inveigh

[MAN2023 30]

16 hours ago, APRIL2023 said:

Hello folks! A quick update. I’d been on AP for almost a year now (since April 2023). I am in the medical field. My employer was able to file a H1B petition for me and was successful. I was relieved to see that my IR1 petition did not impact my H1B (I know that on paper the two petitions have no bearing on each other, but didn’t believe it until actually seeing it happen). 
 

im gonna keep my IR1 petition open… in hopes that the light to the end of the tunnel is near. It has to be right? Sigh. My status hasn’t been updated for the past month. I had give up emailing for updates, as I either get a template response or no response at all. 

Congrats! I also was able to get an H1B without any issues through my employer (hospital) while I was in AP for IR1 with DS5535. I was also upfront when the attorney through employer that I was in AP and they also reassured me that there would be no issues with H1B. When I crossed the land border to activate H1B, I was not asked about the AP for IR1. It was fine and I got my H1B stamp. 

[MAN2023 30]

Hi everyone! Just wanted to send an update to help you get a sense of the timeline. To recap, I was in AP with DS5535 from Jan 2023 interview onwards until I was asked for a new medical to be submitted and passport to be returned to mtl mid September. I did that promptly and I received my passport back at the end of December with the IR-1 visa stamp. I then crossed the border (land) that week to activate my visa. This week (April), I received the physical green card in the mail. My exact timeline dates are on the excel. Feel free to reach out if you have any q’s!! There’s a light at the end of the tunnel eventually. I did not file WOM. 

[MTLaffectee 9]

1 minute ago, MAN2023 said:

Hi everyone! Just wanted to send an update to help you get a sense of the timeline. To recap, I was in AP with DS5535 from Jan 2023 interview onwards until I was asked for a new medical to be submitted and passport to be returned to mtl mid September. I did that promptly and I received my passport back at the end of December with the IR-1 visa stamp. I then crossed the border (land) that week to activate my visa. This week (April), I received the physical green card in the mail. My exact timeline dates are on the excel. Feel free to reach out if you have any q’s!! There’s a light at the end of the tunnel eventually. I did not file WOM. 

Congratulations. Very happy for you. I hope we get back to that timeline with MTL which seems not the case right now since it takes 12-14 months to get a new medical request. I am happy that you got through without WOM. I am hoping we don't have to go through the WOM route. I read a few court opinions where the Judge said that a delay of 4 years or more since the DQ would be considered unreasonable on a Motion to Dismiss which is a bunch of BS. 

[2023ds5535mtl 5]

Long time reader, in Ds5535 hole for just over 12 months now, Canadian , interviewed in Montreal last year.

 

Incase this helps anyone, I was able to obtain a dual intent L1 visa at the airport in Canada a few weeks ago, now working in the US.

 

I was only asked about the IR1, told them it's in post interview administrative processing.

 

Nothing more regarding that was asked, grilled more in job duties,  who will report to me etc..all legit questions.  It's a large multinational with blanket petition approval.

 

I spoke to some good WOM lawyers, many who are mentioned here, they all said count your blessings and adjust in the US, moving quickly these days for folks who already have an approved I130.

 

Even they have no idea what is going on with this whole ds5535 mess, a few mentioned it's nonsense, if there were any security concerns or flags on your file, you would never be allowed in by CBP. They have instant access to all of that.

 

 

[Canucklehead 58]

23 hours ago, MTLaffectee said:

Congratulations. Very happy for you. I hope we get back to that timeline with MTL which seems not the case right now since it takes 12-14 months to get a new medical request. I am happy that you got through without WOM. I am hoping we don't have to go through the WOM route. I read a few court opinions where the Judge said that a delay of 4 years or more since the DQ would be considered unreasonable on a Motion to Dismiss which is a bunch of BS. 

What do you mean by it takes 12-14 months for a new medical request?

[MTLaffectee 9]

7 minutes ago, Canucklehead said:

What do you mean by it takes 12-14 months for a new medical request?

@Daft_Cat had an interview in February of 2023 and got a request for a second medical last month. I see you also had your interview in February of 2023. The only difference I see is that Daft filed a WOM and you didn't. I hope you get an update soon.  

[Canucklehead 58]

1 minute ago, MTLaffectee said:

@Daft_Cat had an interview in February of 2023 and got a request for a second medical last month. I see you also had your interview in February of 2023. The only difference I see is that Daft filed a WOM and you didn't. I hope you get an update soon.  

Me too - it's already been over 14 months since my interview. 14 months that I could have been living with my spouse, moving forward with my career, building a life together. Instead I've spent 14 months not doing any of those things and that is time that I will NEVER get back. Honestly this entire process has been nothing short of needless emotional and mental torture. 

[Phil_K_IR1 83]

Can we not start a petition like others in other countries have done? 
 

After reading what others posted, my spouse and I are looking into the H1-B visa option, as the field would work for it...

 

Bonkers. We're almost at 6 months since interview (would be early May), and it's insane. Not even asked a 5535, just CV... 

[Phil_K_IR1 83]

@MAN2023 or @APRIL2023 if you don't mind sharing which medical field you're in specifically? Did you worry about the annual max of 65-85k H-1B visas? 
 

And if the state you're moving to needs a state license to practice your field, did you apply before having that license or after getting it? As I understand it, some states need an SSN/ITIN to get the licenses. 
 

Nonetheless, I think we'd opt for completing the IR1 whenever it's done, but this is wild. Happy that you two got to move forward in another way to at least resume life instead of staying in limbo.  

[Sisa24 12]

51 minutes ago, Phil_K_IR1 said:

Can we not start a petition like others in other countries have done? 
 

I really hope someone takes the initiative for this.