Krisara

Hi Everyone,  I just joined as I too, was denied my visa after my interview this past Monday (Dec 12) in Montreal.  We are devastated as we have been waiting since filing in March 2020.  Here is a little backstory:  My partner (the US petitioner) and I lived together here in Toronto since 2013, together since 2011 and have a child together.  Never got married because we never wanted to and are considered common law in Canada. 
2 years ago we decided we wanted to move to the US for a change of pace, so applied the K-1 route.  We did get a RFE, which was also shocking since we more than proved we lived together, take vacations together, had a child together and have joint finances.  Anyhow, finally made it to interview stage and denied.  I am a white Canadian born female, aged 46 and with Canadian born parents, attended University in the US.   I would say I am an avid traveller so that could have potentially been it??  They had my medical and my police check.
I had a CO who has only been in Montreal for 3 months.  It was a woman and I didn't get her name but she is from South Carolina.  We had great banter and I thought all was going very well until she presented me with the 221(g) and gave me back my passport.  I asked if there was something missing - she said "No, everything is here".  I then asked if I didn't answer her correctly or to satisfaction, and she said "No, you answered everything perfectly", I then said, so why am I not getting approval?  She stammered and started to say "a certain number of cases have this happen", too which I said, "so this is random"?  She said, "well...no, I can't answer that."  She then tried to reassure me that the process for the 5535 is not that long and that I should hear something soon and as long as I answer quickly and completely, it should be ok.  Clearly she has no clue that this process is the most inefficient process known to humankind.  
 
FIRST,  why not just require all the information in the 5535 to be included in the DS160 for EVERYONE, so that this doesn't need to happen.  What a waste of time this is for not only the applicants, but also for the consulates.
SECOND, they should have to tell you why you are being issued the 221(g) to spare all of us this agony.  
THIRD, if this is in fact a CO training exercise, as some have suggested that is just all kinds of wrong.  
 
And just to let everyone know that there is a member of a Facebook group I am in who also got the 221g and he received his visa on the 55th day. This was just recently. 
I am thankful to have found this group, and will be intently following the updates.  I hope everyone who has posted so far comes back to update when they are eventually approved!  Good luck to everyone and thank you for letting me vent.  This has been a long arduous journey.
  

Depending on the cost, I’m in right now.
else I plan on filing one in September  

Hi everyone. I am an existing group member of this thread,  but have changed my screen name.  I wanted to share a response I got back from our Lawyer today as I have been sharing updates of this group with her and what our next steps should be regarding our specific case.  I do remember some chatter a few weeks back about a group suit and I brought that up to her.  This was her response:
 
"I reached out to some colleagues regarding a Mandamus suit in general and a class action.
 
The attorney I communicated with, who his whole practice is suing, recommended a couple of options.  First he recommended Jesse Bless at Wasden, Bless & Forney for a class action suit.  Jesse evidently was the litigation specialist with AILA and used to work for the DOJ in the immigration litigation department, so he knows his stuff from both sides and has one other cases for similar matters.  He also told me that the State Department was recently sued, and lost, a case where they admitted to deprioritizing certain types of immigration visas, the judge found that a violation- so who knows what could happen here if it’s found that the Montreal consulate is putting cases in administrative processing inappropriately.
 
Alternatively Brian, the attorney I emailed with, says that he could do a group suit for cost savings.  In other words he would file a mandamus for individuals but would do it at the same time (I’m uncertain of the specifics on how he proceeds), the main point is that the individuals can share the cost of his fees.  Anyhow, the question becomes if you want to pursue this.  If you want to file a mandamus we can do that, if you want to make change at the source then it’s likely that you need to do a class action or a big group filing."
 
______
In other news, I joined the USCIS public relations Zoom they held last week which was to discuss how they plan to clear backlogs and learned that currently there is a 5.2MM case backlog.  They have 4000 open positions - FOUR THOUSAND.  Essentially the first 20 min of the zoom, was a recruitment trailer - which was a complete waste of the presentation as I am sure the majority of the audience were foreign applicants who are all in various stages of egregious delays.  What I took away from it, is that this mess isn't ending any time soon and surely there will be an increase in WOM by those who have the means, and then those who don't will be delayed further.   
 
Personally, I am not sure I want to take on organizing a law suit against the USCIS, as we are now in the process of my American partner coming to Canada.  The Texas shooting has given us major pause (among other unsavory American political and cultural issues), and has us questioning whether America is actually worth it for us.  
 
Anyhow, I wanted to share regardless in case someone here does have some time on their hands and wants to really put the Montreal consulate's feet to the fire. The fact that we have not seen any non Mandamus influenced movement since March 5th is a pretty bad sign.  
 
God Speed all.  

I would definitely be interested in finding out more...
Of course my case would be against State not USCIS, as it is consular.

I would assume this would be a group WOM against the DOS as she knows we are all in DS-5535, but I will clarify.  

her response:
"Consulates fall under the DOS, think of them as the individual offices of DOS, so when we sue we sue the DOS, the specific persons in charge (likely in this situation it would include the Consular General and the Secretary of State) and the Montreal office, all in personal and professional capacity- it’s all just legal/jurisdictional stuff and strategy- to a certain extent some of this isn’t decided until the very end because we may get a specific idea as to who to cast blame upon."

Out of the shadows, another lurker, "hi ya'll". The frustration and anxiety is unlike anything, I empathize with everyone who has pinned hopes & dreams on a move, and missed opportunities while planning to depart for a new life, to only find they are in another queue.  
 
Another DS-5535 from Montreal, womp womp!! Interviewed on Jan 24th, Medical was delayed, but arrived on the 26th, got hit with the DS, and shared info back the same day (24th). No updates since. Just responses to email questions and one review date update on the status, received the same day as an email response. 
 
Locked down from travel for two years by a global pandemic, now locked down by the consulate holding onto my passport! Fun times...
 

So folks,
 
Thought I should share some news to bring some ray of hope back to this group.
 
Finally, our visas have been issued as per CEAC system. It seems that they are still under processing and should be mailed out soon.
 
It took a while  but  this journey definitely tested my patience and trust in the process
Interview: Oct 2021
Visa Issued: May 2022
 
Good luck to you all!

Hi all,
So sorry to hear that there hasn't been much update for those of us hit with the DS Questionnaire since late 2021....my husband ended up getting a job in Ontario and he's pursuing Canadian PR now. We can't afford to keep waiting in AP Hell so we're going through with this backup plan of him moving to Canada. I know it's not much of an update that y'all would want to hear to keep the hope alive, but this is the new route we are taking as it stands. My interview was back in early November 2021; haven't had a SINGLE update on my case since December 2021, literally almost five months ago. We've been in the dark since then and every email asking for updates has been met with a robo reply. Hope everybody is taking care, and stay strong no matter how you choose to manage immigration frustration! Wishing better news to come!

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...
 

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...
 

Oh sorry I missed that you were K1. Yes, K1 has so much pressure of doing everything within 90 days of entry plus applying for advanced parole, EAD etc….☹️

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 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.  

Please provide:
 
Date of interview, date you sent DS5535, your visa category and if you were asked to provide any other documents. 

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...
 

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 

Yes I think it's possible to apply for it while waiting for your US visa, I don't think it affects it at all (someone please correct me if I'm wrong). There is an option for your partner to cross directly into Canada and start the process asap while living together, or they could wait it out in the US. Not sure how long it takes to get work authorization for the first option, but gov of Canada has a good explanation of the paths/wait times on their websites.

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?  

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?  

Hello Visa friends,
 
I had my IR-1 interview this past Monday in Montréal. It went very smoothly and I was told they have accepted my Visa and I will be getting in the mail. A few hours later I received an email asking me to fill out a DS-5535 form. I checked my status at the CEAC Visa status check and sure enough, my VISA has been refused. 
 
I am sure others have gone through this. I cannot comprehend what happened and after almost 3 years of trying to get this VISA, it is very discouraging to know that I have to submit more proof and play the waiting game once again. 
 
Any wisdom or advice on how to navigate this? 
 
Hoping others are having better luck than I am. 
 
Thank you 

Issued. Early morning feeling like a boss.

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

Congratulations!

Let's hope this is a move towards the end of this journey! Wishing you the best!