AP_since_May2023

1 hour ago, ShawnK said:

I'm very sorry.

 

 

We have people (by people I mean those issued Ds5535 in Montreal) here from Feb 2023 who still haven't cleared,  the last members to clear were Jan 2023 people who cleared around Dec 2023. We are now anxiously waiting for our Feb 2023 Ds5535 Montreal folks to get updates.

 

Right now it seems to take one year to clear the Ds5535 and get an update for a new medical.  A few people did clear much faster but that seems to be rare. We don't even know if one year is enough or if it will get worse.

 

In terms of WOM, please budget extra funds to respond to a motion to dismiss as in 95% of these cases the government is fighting back and trying to dismiss the cases.

 

I wish I had better news.

 

 

The US government seems to really enjoy punishing people who marry Americans, or Americans who marry foreigners. They seem to get some sort of joy by separating parents from their children. It's a nightmare.

 

 

 

Not only marriage-based green cards, but also employment based green cards.

I don't see DV folks though.

20 minutes ago, anotheronewaiting said:

How long did it take for them to return your passport, and did you request to get it back or did they just send it back randomly? They still have my fiancé's passport, he never requested to get it back. I am grateful he has his nexus and has been able to travel to the US without issue. 

I requested for it back after 1 week as I was out of vacation and had to return to the US. I also had upcoming international travel and didn't want to risk it.

3 minutes ago, anotheronewaiting said:

"Did they ask for your passport when they have you the 221g? 
 

I wondering if taking my passport was a good sign, or if it was just a mistake by the CO. 
 

Does your status explicitly say AP? Did you get any updates to indicate you were getting more vetting?
 

That is terrible that they told you a few weeks and it has been 10 months. 

Has anyone tried going to the consulate in person to get more information? I live in Montréal, wondering if that is a way of getting additional information"

 

@Cadtoverm - the consulate kept my fiancé's visa and issued DS5535. We've been waiting since our August 2023 interview. We were told we would be sent an "email questionnaire" and it was the DS5535. Out of denial, we tried to talk to the officers at the consulate in Montreal, but they didn't let us inside. Not to be the bearer of bad news, but to save you a step since we already tried. 😅 I am so sorry to hear that you are stuck in your current circumstance. This is an awful and poorly streamlined process.

Many sources say that it is a good sign that they kept your passport.

However, they took my passport after the interview, and it was mailed back to me several days later without the visa as I had to return to work.

You won't be allowed to enter the consulate by security, let alone speak to any of the immigration staff. 

4 hours ago, Phil_K_IR1 said:

Yep we've been emailing at that frequency.. here's to hoping. It's strange the updates are a week apart, but I'll take anything. Thankful for it. 

Please keep us updated.

I too was asked to send in CV without DS-5535. Placed in AP in May 2023.

1 minute ago, Cadtoverm said:

My wife is an American, currently living in Canada with me in Montreal. We bought our house in Vermont when we got married and started the immigration process. At the time we thought it would be an 8 month process….

 

We are having a baby in 3 weeks, and was hoping to be able to move full time to be close to her family and live in our house. The uncertainty of this situation is really impacting my mental health.

 

 Thanks everyone for sharing your stories and information….. it makes a bit easier to go through the experience. 

 

 

On the brighter side, if she delivers in Canada, at least healthcare will be fully covered and parental leave benefits are awesome. In the US, you will be on the hook for a large deductible and parental leave isn't great either. 

Would the sellers be willing to delay closing? 

17 hours ago, Cadtoverm said:

Has anyone cleared this in a reasonable amount of time? My pregnant wife is due in a month   and we were expecting to move into our home.

 

 Any stories of someone who filled out the form and got their visa?

Is your wife already in the US and a US citizen? 

Did you buy or rent your new home? Either way, it shouldn't affect your ability to close nor rent as long as you have enough down payment and can foot the monthly mortgage.

38 minutes ago, Cadtoverm said:

Did they ask for your passport when they have you the 221g? 
 

I wondering if taking my passport was a good sign, or if it was just a mistake by the CO. 
 

Does your status explicitly say AP? Did you get any updates to indicate you were getting more vetting?
 

That is terrible that they told you a few weeks and it has been 10 months. 

Has anyone tried going to the consulate in person to get more information? I live in Montréal, wondering if that is a way of getting additional information.

Not to be a second bearer of bad news, but another user on this thread was also asked for their passport just a few weeks ago alongside the deficit 221g document, and received their passport after a couple of weeks without the visa.

The consulate will send you your passport back if they put you in AP so you can travel.

7 minutes ago, Daft_Cat said:

I filed through an attorney, still got the DS5535. 
 

I’m about as “ancestrally Canadian” as you can get without being full on indigenous. My family has been here for at least a century if not longer. Before that it’s all English and Scottish.

 

My wife was born in Russia but immigrated to the states when she was less than a year old (around the end of the Cold War). She isn’t a citizen of the Russia that exists today (nor has she ever visited) and both her parents have been US citizens for decades. I guess that could have triggered something, but it feels like a stretch.

Seems like the dual citizenship theory is gaining support.

3 minutes ago, Blue473 said:

Just wondering if the following response from the consulate, which is an email thread where my husband sent a strongly worded request on a timeline for where in the que my case is, means they're doing more than just confirming my medical results. 

 

As a background, I interviewed on December 18th 2023 and the medical results got there the day after on December 19th(from TELUS in Montreal). The CO kept my passport. They've been responding with the usual "your case is pending review from a CO", but this one was a bit different. I've only gotten a 221g showing that my medical results were missing.

 

 

Thank you for your inquiry.

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the Department of State are aware of your concerns and will contact you as soon as the processing is complete.

  

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. 

 

Thank you for your patience and cooperation

Did they ask for CV or DS-5535? I too had an issue with my medical report being delayed, and my 221g included only my medical.

But subsequently I received an email telling me that my case was placed in AP, and to send them my CV.

3 hours ago, MRJ9987 said:

Thanks, downloading telegram now!

 

 

 

Question in general - what is everyone's experience to travelling to US while in AP?  

No issue entering on B1/B2.

No problem traveling to the US on work visas as well. I have heard of individuals enter on TN, L-1, H1-B, O-1 while on AP.

12 minutes ago, MRJ9987 said:

That’s al ml right. I had a feeling I was going to get this ( luck, I guess) and prepared myself mentally for it. No Iranian or ME background.

 

just a request for DS-5535. Is getting a request for CV good or bad?  

Request CV means you might be under TAL instead of the more common “AP”. 
 

Not sure which one is faster though. 

1 minute ago, MRJ9987 said:

Hi, everyone. Just served with DS-5535. What a lovely way to end my trip to Montreal with.  

Sorry to hear that. Are you of Iranian or Middle Eastern background? Is it just DS-5535, or were you required to submit a CV as well?

3 minutes ago, Phil_K_IR1 said:

Nearing the 8 week point this Friday and nothing haha

I hope I am wrong, but assuming I am also in TAL, it will be a few more months for you too.

4 hours ago, tas005 said:

yes its like AP with CV.
When I was requested CV it was clearly mention in the email from CO that my case is now in AP and I need to send my updated CV. But the question is how long it will take when its only a CV, 3 months, 6 months or 12 months. I feel like sending passport again when requested and remedical is also a headache if no clear instruction is given.

I think those requiring CV are under TAL. It used to take 4-6 weeks

6 minutes ago, Irish89 said:

Our Interview was in March and still news. Hopeful signs last week with two April interviewers receiving unsolicited updates on CEAC tracker. 

 

Just to add for anyone interested, I seen a post by Red Eagle Law on X that stated that by law a refused visa must be reconsidered by the consular officer on the 1 year anniversary from the interview date provided that the applicant was asked to and provided additional information post interview. We would all meet this criteria since we've given them the DS-5535. Who knows if that actually means they do anything. 

Would you be able to link this? I think it highly depends on which state it is based on. For instance, Red Eagle Law had a great win (14 Iranian families) recently in the state of California, but this is non-enforceable in other states like NY or TX, or even DC.

34 minutes ago, tas005 said:

I received the passport without the visa on it. 😥

Sorry to hear that. Looks like you may be in AP as well.

12 minutes ago, Phil_K_IR1 said:

Oh god..... I'm sorry  

here I was being optimistic.. 

was there a gap period between sending the CV and when they asked for that info? Seems like it's a security check based on what my gut tells me.

 

EDIT: just saw your next post, yeah they gave us the passport back on the spot, I guess knowing that it can take "however long". Interesting you were asked the additional info and the CV at the same time - we were only asked the CV. Hm. 

They emailed me for the CV first, and around 1.5h they emailed second time for the additional information. 

21 hours ago, tas005 said:

Hello everyone,

My case (IR1) was in AP for last 2.8 months, they only requested CV after my interview which was sent the next day but they kept my passport. Today just few minutes ago I received an email from U.S. DoS Visa system and Purolator with the tracking number, seem like they are sending back my passport? my visa status still showing Refused but last updated date change to "today" with the same status "Refused" My question is that are they sending back the passport with visa or without visa, as status didnt changed to Ready or issued. I am really nervous.

Please keep us posted on whether the visa was issued with your passport.

The consular officer kept my passport after the interview too. And after 1 hour or so, I was informed that I have been placed in AP, asked for my CV + additional info (not DS-5535), and told me to pick up my passport.

22 hours ago, Phil_K_IR1 said:

After almost exactly 2.5 months from being given a 221g to submit a CV, we finally got an email from them (as a reply to one of ours asking if they got everything and if there's anything else they need) saying: "We acknowledge receipt of the documents you have provided. This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case. "

 

We assumed that it was a name hit for security clearance, we're wondering if others had similar experiences with a similar reply and if approval is around the corner, or does this mean they haven't even initiated the security check because an officer hadn't reviewed it? 
 

Thank you in advance, this is such a dumb process. Still hoping we won't get a 5535 after it's already been nearly 3 months since our interview (Nov 9, 2023). 

I also received a request to send my CV and did not receive DS-5535 form. However, they asked me to send in additional information via email (Names & DOB of siblings & children; current & former spouses/partners, phone numbers & email addresses used in the last five years, prior passport numbers and country of issuance). This information was already mentioned on DS-260 so I'm surprised when they asked it again.

I have been in AP for 8 months now (May 2023).

17 hours ago, Bestbest7 said:

Appreciate the feed back. I will start by responding to APRIL2023 lol.

 

1, plan on having my wife fly up to Canada and mail my passport together with a return envelope inside so they can have my passport back to me once visa is processed then she can go pick it up for me so I can leave the U.S. before returning with the sealed envelope.

2, I already did my second medical in November since the one I did in January had expired in their system.

3, i don’t have a Nexus card to return back to Canada, But I can use my citizenship certificate with driver’s license if the process takes too long. I don’t return back to work till spring so am home babysitting our 7 month old son.

LETSGOFAST,

I did my second medical already and they only ask for my passport since DS5535 has been completed and all cleared.

Phil_K_IR1,

I was put on AP / DS5535 for having the wrong RCMP clearance letter.
Am praying this last stage goes by fast.

Thanks.

 

I would double check with the Consulate if this is allowed before going through with this route.

I specifically asked the Consular Officer after learning that my case had been placed on AP if I was able to do this from US, and they said can only issue the Immigrant Visa to someone who is physically present in the Country.

20 hours ago, Phil_K_IR1 said:

Has anyone involved congresspersons in this matter? 

Are they able to force a reply from the consulate/DHS?

I have. No, they can only get a generic response. But your CEAC case will show that it has been updated, presumably because someone looked at it.

18 hours ago, Bestbest7 said:

Hi everyone and happy New Year,

 

Montreal office requested for my passport after being on AP for 10 months, But unfortunately am still in the U.S with family and was wandering if I can send my passport to a family member in Canada and have them mail it to the visa office in Montreal since I don’t want to be away from my family? Not sure if am over pushing it😇.

Will appreciate your feedback.

You had your interview and DS-5535 on Jan 3rd, 2023, and received letter in the mail to send in your passport on December 10th right? So it took 11 months and 7 days?

Is it usual that they mail you a letter, rather than contact you via email? Seems like an absolute waste of time since regular mail takes around 7 business days from Canada to US.

12 hours ago, ShawnK said:

What's super frustrating (good for them though, wouldn't wish this in anyone ) is you see other embassies starting to clear these 5535s efficiently.

 

I've recently seen posts from folks in Beruit and Ankara cleaning in 3-8 weeks. Even Islamabad.

 

I understand these  security clearances go to some other unknown agencies for processing, it just seems odd that for Canadians -who come from a country  which instantly  shares all police/security issues with the US... - would face such severe delays ? 

 

Saw a post from someone who was worried their spouse would be stuck in DS5535 because they lived in Turkey , close to Syria, but cleared in a few weeks? 

 

Yet Canadians, who mostly live in the thin habitable strip near the US border, are being heavily delayed?

 

I just really question what is going on?  Are our files just sitting there until someone picks them up, does a few clicks, "yeah he/she is good". 

 

If anyone had any sort of background security concerns, they would never be allowed to enter the US.

 

 

My understanding of DS-5535 is that all of them go through the same line, regardless of the consulate. Those that cleared sooner, must not have been under the same SAO.

10 hours ago, Beatles27 said:

Thanks, @TheMaverick - Does everyone get 221G even if documentartily complete and we have the necessary police clearance documents? I'm hearing about the DS-5335 for the first time, I'm from a country that carries low risk, and and have had FBI checks done multiple times for job-specific tasks, and for immigration purposes in the past, as recently as 2019. I know the risk of getting either of the Administrative Processing questions is maybe at random, but I'm not sure what the odds are, just curious. 

I am from a country with one of the lowest crime rates in the world and very friendly to the US, and yet I received DS-5535. My suggestion is to avoid Consular Processing at all cost if possible.

On 1/3/2024 at 2:55 PM, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

When was your interview, DS-5535 and when did you apply for AOS?