Krisara

Congratulations @EB_Stuck. That is amazing news.  Would you mind sharing a bit more information on the process just before issuing?  Did they email you to take another medical (assuming yours expired)?  If so, what Dr. did you see and was there an issue with them being able to submit a second medical?  There was a situation on here that Dr. M's office in Toronto where the office was having issues submitting the 2nd medical.

Did they keep your passport this entire time?

Thank you and again, Congratulations to making out of this hell.

Thank you, I hope so too.  Unfortunately we are on a K1 visa so when I leave Canada, I can't return.  I also can't leave my 5 year old :).  There is so much preparation we need to do to sell 2 homes.  I could not do that in a matter of weeks or days.  I always marvel at the stories of people that get approval one day and are on a flight the next (for those who are in AP).   I think we are an odd K-1 case.  We have been together for 10 years and live together here and have a very established life here.  Will take some time to wrap up, unfortunately. In hindsight, we should have just married here and gone the spousal route, which would have given us the flexibility you describe. (I think?) 

I also meant to ask everyone in the group if they are on Danii's spreadsheet?  If you are in DS-5535 via Montreal and NOT on it,  it would be very helpful to ask @danii to add you so we have a more accurate picture of active, or should I say, dormant, cases.  

2 minutes ago, A.Jon.Satko said:

Where do you get or see the spreadsheet?

Reach out to @Daniiand she will add you.

Link to spreadsheet is here: https://docs.google.com/spreadsheets/d/1L8T4Yp7oWm0imRrEOEES_28QicBY1DsKKvMmEGMVPd4/edit#gid=0

Just now, WishIWasntHere said:

Updated how? Just the date or moved from refused? I haven’t seen an update since we turned in our 5535 😞 

 

I just keep hoping but it feels so hollow 

I know, it's torture.  Just the date.  It still says refused. We have had 6 case updates (Date changes) since submitting the DS-5535 info on Dec 15.  

My case was updated today.  Anyone else?  My medical expires in one month (May 23).  At this point, we couldn't even pull off a move of this magnitude if a miracle occurs in the next 4 weeks (2 properties to sell, a child in school, no place to live in the US as the US citizen lives here).  We are now in a position where we would need to ask for an extension/medical redo just to give us time to prepare a move if that were to happen.  This process is beyond inhumane.  I get how they don't care about foreign citizens but how can they not care about the suffering of their own?  

I just spoke with my lawyer and she suggested that we all reach out to the same senator (regardless of where the petitioners live) to show that this isn't an isolated incident and that all DS-5535 case processing has all but ceased in Montreal.  It could prompt a Senator to take a higher level action than just an inquiry.  Senator Warren's aid responsible for immigration matters was very responsive to us.  Anyone interested?

On May 23, I plan on reaching out again to her and also sharing the MTL spreadsheet of active cases.  

She also mentioned the possibility of a class action against the consulate and knows of a lawyer who has experience in this matter...

I was thinking the same @WishIWasntHere.  My fiancee is in the process of getting his Canadian Citizenship (he is a Canadian PR and filed for Citizenship March 2021) and at this point we are planning our back up plan to live here, which is obviously not our first choice, but we can't take the living in limbo much longer.  We need to buy a home and find a school for our daughter (currently living in a shoe box condo, hoping we will be given the "good to go" and not have to deal with the Toronto real estate market).  I realize we are luckier than most as we are together, that I am grateful for.  

I'm curious as well, has anyone here looked into simultaneously applying for their their US fiancee to come here as back up?  In case this never does end?  

AMAZING!  Congratulations @GraceFace33!!!  What a way to go into a long weekend!  So happy for you.

@ice-qube they do for certain humanitarian requests.

Hi @Tony Nikolovski.  I have read that they can't give that information to even the Senators, as they classify AP and DS-5535 as matters of National Security.  Have you looked into if you qualify for any of the Adjudication Expedite categories? https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Senator Elizabeth Warren's office is filing ours today (fingers crossed it will make a difference) with the USCIS, who then reviews and forwards to the Montreal Consulate based on Urgent Humanitarian Reasons, due to the fact my fiancee's mother is dying and needs us to be there to care for her and arrange long term care, etc.  My Fiancee, the petitioner lives here in Canada with me and our daughter on a Canadian PR.  

Perhaps there is something in there that you could qualify for?  I was also reading about filing waivers for Extreme Hardship - that may also be worth looking into.  https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-1

@ice-qube Have you reconsidered sending a request to your senator?  We are going through the process now and you can request an expedited adjudication if you suspect USCIS error - in this case, they have your medical and they aren't doing anything about it.  It is simply taking your medical and approving your file if you were not given a DS-5535. 

There are certain categories that warrant an expedite request.  https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

We are submitting a request based on my MIL's terminal illness and they need us there to help with her care and end of life.  

Have you also looked into WOM?  

I am so sorry you are still waiting.  I fear every day that I will be where you are and it is sickening.  Our whole life has been on hold for 2 years with no end in sight.

I just checked CEAC, I try to limit myself to once a week to spare my sanity, what's left of it.  I was presently surprised today. It was updated on Friday for the first time since Dec 20th (which was my only other update).  1 year exactly to the date that my case was created, but going on 23 months of first application.  Coincidently we sent letters off to our senators and congresspeople on Saturday.  

@Federicowe  got the typical OP3 canned response to our public enquiry 7 days later (last Friday) with no answers to our questions.  My case has not been updated in CEAC since Dec 20.  We will be reaching out to our senators and congressman on Feb 6 (a few days before we reach 60 days in DS-5535 processing) and a friend of mine has contacts in Washington so sending everything to her as well to see what she can find out.  I will post here if anything happens.

Have you reached out to your Senators yet?  It can't hurt...

Hi @Fna786- that didn't seem to be an issue in our case, as the entire reason we are applying for my Fiancee visa is to relocate.  My common law partner files a US tax return and has done so for the past 11 years.  We explained that he will be taking a transfer with his current company (which is US based) - he is actually going to accept the job before my visa is approved, risky I know.  I don't know what the point of going through this process is if you don't plan to move and live in the US (as a K1), as you have to stay in the country as you work through your AOS and that takes a long time... If we didn't plan to live in the US, my K1 would expire or it would be null in void if I left the country without the proper approval. 

Hi @Fna786- that didn't seem to be an issue in our case, as the entire reason we are applying for my Fiancee visa is to relocate.  My common law partner files a US tax return and has done so for the past 11 years.  We explained that he will be taking a transfer with his current company (which is US based) - he is actually going to accept the job before my visa is approved, risky I know.  I don't know what the point of going through this process is if you don't plan to move and live in the US (as a K1), as you have to stay in the country as you work through your AOS and that takes a long time... If we didn't plan to live in the US, my K1 would expire or it would be null in void if I left the country without the proper approval. 

I am so sorry for your loss @Fna786.  We are going through something similar with my fiancee's mother who has stage 4 terminal cancer.  We live in Canada and it isn't easy with the restrictions to visit her (especially our daughter having to isolate for 14 days upon return to Canada).  We had sent a Dr.'s letter asking for expedition earlier in the process and it was denied.  This is a horrible process when you lose time with people you shouldn't have to.  I hope you hear something back soon.

Here's hoping @Federico!  I don't see you on the spreadsheet.  https://docs.google.com/spreadsheets/d/1L8T4Yp7oWm0imRrEOEES_28QicBY1DsKKvMmEGMVPd4/edit#gid=0

How long have you been waiting since sending in your 5535?  

Hi @Outwest99,  Sorry this has happened to you.  I really feel for all those who would otherwise be approved but didn't have the medical in time.  It is astonishing and inexcusable the amount of time people who are just missing a simple document are waiting. 

Nothing is fair about this process.  You can see others timelines here:  https://docs.google.com/spreadsheets/d/1L8T4Yp7oWm0imRrEOEES_28QicBY1DsKKvMmEGMVPd4/edit#gid=0

First - send a public inquiry asking them to check the system for your results and let them know what date it was sent and ask them for an ETA. 

https://ca.usembassy.gov/embassy-consulates/public-inquiry-form/

If that doesn't work you can reach out to your state Senator(s) or Congresspeople to inquire on your behalf - some members of this group have found success with that. 

I hope you hear back soon.

Thank you @Danii I submitted an inquiry and I have prepped all my letters and documents for my 2 senators and 1 congress person which I will send at the 6 week mark (on the 26th) as the CO told me this should be resolved in 3-4 weeks. 

Appreciate your help and have a great weekend.

Good Morning.  Question for @BatmanFlow @GraceFace33 @DrJanko10 @dude12345 @Rosinasaur

All of you are unfortunately approaching the expiry of your medical, and i believe @GraceFace33 yours already has.  Have any of you inquired about what happens next if you are not approved before expiration?  I know we have to repeat medicals, but have any of you been told you can just go and get your medicals done again in preparation for the expiry?  I am getting extremely anxious that we will run out of time before we are able to sell our primary residence without major tax implications (leaving the country before the sale/close of the property).  This is making anything impossible to plan and I don't sleep anymore.  We are planning to call the consulate to try and ask this question of a real live person, but thought I would ask the group first to see if you had any information.  

Thank you.  

Good Morning everyone.  We are in the process of gathering information, filling out privacy forms for State reps and Senators. For those of you who have already reached out to yours for help and have heard back from them, what case files did you include in your request package?  Were there any documents in particular that they state offices requested from you?  

Thank you as always for your input and help!

Exact same language used with me.  I was told this should all be resolved in a couple of weeks.  We will be reaching out to our reps in another week or two.  

DISREGARD, WE CHECKED UNDER IMMIGRANT VISA and it was there.  

Given Danni's recent announcement I went to the CAEC website to check my case and something very strange has happened - the last time we checked my status was "REFUSED", which we knew, hence 5535... and last update Dec. 21 (Interview was Dec 13).

Now is showing NO STATUS - back to November 4th!  WHAT DOES THIS MEAN?

This is when I enter my confirmation AA00 number.  When I enter in my MTL case number, nothing comes up!  Has this happened to anyone else??  What should we do?

I don't know how much more I can take.  

Congratulations @Danni!  That is so amazing and really hope it isn't an error!!  Question, I thought that we weren't supposed to reach out to state reps until the 60 day mark to avoid a possible final refusal (if they have not competed background checks)?  How many days had passed before you reached out to your state reps?

I am puzzled by this as I thought full background checks are completed at the NVC stage?  If there was any question about possible criminal background or matching names, fingerprints, or any other nefarious suspicion, wouldn’t that have already been dealt with well before the interview stage via RFE?  
 

Thank you for the spreadsheet @Danii! This is so helpful but also depressing at the same time   For me, you can change my interview date to DEC 13  add I sent back my 5535 on Dec 15 and was not required to send in any additional documents. 

Thank you so much and happy holidays to everyone, I hope you get your approvals soon!