AP_since_May2023

On 1/2/2024 at 2:14 PM, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

Did your lawyers share real-life cases whereby a spouse of a US citizen is denied entry FOREVER for this situation?

Unless there is real threat to national security and/or committed serious crimes, I strongly doubt spouses of US citizens would be denied entry forever, but I hope to be corrected.

6 hours ago, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

Because you are married to a US Citizen, you will never be denied entry forever.

There are plenty of illegals who are in the US unlawfully, who married a US citizen, and all of their past immigration violations/crimes are forgiven.

But I understand where you are coming from.

On 12/26/2023 at 6:39 AM, APRIL2023 said:

So you plan to mail in your Canadian passport once you are back in US? How does that work? I thought you need your passport in hand while inside US as Canadian? I’m curious to know as I might be in same situation where I can’t afford to wait in Canada for long period of time just for them to return my passport (once my whole AP is cleared). 

Why don't you consider doing I-485 since you're already in the US?

On 12/30/2023 at 12:56 PM, northface said:

 

But.  as I knew in 2022, it takes ~3 months to clear AP/DS5535 for IV, even in 2023, DOS cleared most NIV visa security within 60-70 days. Fyi: https://www.checkee.info

 

might they DOS change priority? Don't believe DOS under staff

I don't see too many IVs on that website. Where did you find the information about most AP for IVs clearing in 3 months? My understanding is that most APs have been taking almost 6+ months since 2022.

20 hours ago, LetsGoFast said:

"Did you mail your passport to the Montreal Consulate while you are in the US? How would you enter Canada without your passport?"

No, I went to Vancouver and mail them the passports from here. So I am still in Vancouver now.

You have been working from Vancouver since November 2? Your employer is extremely understanding

18 minutes ago, northface said:

Yes.  Every one in this thread got AP / DS5535.

I never officially got the DS-5535 form, but 

On 12/27/2023 at 2:56 PM, LetsGoFast said:

 

I have a very similar situation as @Bestbest7. Here is my timeline until now. I am still struggling about what's the next steps...

 

My DQ date was 12/01/2021. 

And I received the interview invitation letter on 05/19/2023 for a interview on 07/26/2023.

My case was under EB2-NIW category. I went to the interview together with my husband on 07/26/2023 and received 221g. I received it before for my L1 visa in Dec 2022, so I was not very surprised about that. We was asked to fill out a form online through a link provided on the 221g form and we filled the form out on the same day as the interview. The question were all about the addresses, travel histories in the past years (I don't remember what the form is called exactly). The officer did not collect our passports and told us that we can get back to the US with our valid L1 and L2 visas.

 

So we went back to the US. Then I received the email for mailing back our passports on 10/24/2023. The email is very brief and did not mention what was the time range that we should mail our documents back.

We went back to Canada on 11/01/2023 and mail the passports back to Montreal Consulate upon their instructions through Canada Post.

Then the timeline became strange..

 

11/02/2023 - We mailed passports through Canada Post.

11/07/2023 (Tue) - The tracking showed that the documents were delivered. - Actually the consulate collect the mails from a third-party facility every Monday. So we missed the mail collection for that Monday. And the next Monday is Canada holiday, so our documents stayed in the facility until 11/20/2023. (We confirmed this by calling the third-party facility, my husband found their phone number through Google Map by using their address).

Since 11/02/2023, we sent emails to Montreal-IV-DV@state.gov (usually takes 2 weeks to get a response) a few times to check if they received our passports.

11/21/2023 (inquiry sent on 11/08/2023) - The consulate responded and saying they did not receive the documents yet. They said it takes time to transit from the facility to the visa unit of the consulate.

12/07/2023 (inquiry sent on 11/21/2023) - The consulate responded and saying they acknowledged the receipt of our documents and the documents were pending review by an officer.

12/18/2023 (inquiry sent on 11/06/2023) - The consulate responded and saying they acknowledged the receipt of our documents and the documents were pending review by an officer.

 

In between we really worried that our passports were lost and luckily they were delivered to the visa unit.

However, I did not expect that the process for getting the visa stamp takes that long according to the records in  http://docs/spreadsheets/u/0/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/htmlview. I was pregnant and will have a baby due in June 2024. So I have to go back to the US for some necessary prenatal tests in a certain range of time. Thus, we made a very hard decision to request our passports back.

 

12/13/2023 - we sent an email to the consulate to request our passports back and has not heard anything back since then.

1. Does anyone know that if this can work and how long does it take to get our passports back??? 

2. Is that possible to fly to Montreal to take our passports back directly from the consulate to make it faster???

3. Did we make a correct decision? I found out this forum stream this morning and realize that "mailing back the passports" is almost the last step...

4. Our medical check was done in early June this year so according to the half year validity, it has expired. After asking for the passports, will the consulate request us to do a second medical check?

 

Thank you all and have a wonderful holiday for everyone!

Did you mail your passport to the Montreal Consulate while you are in the US? How would you enter Canada without your passport?

Will they mail it back to you in the US?

19 minutes ago, northface said:

Yes.  Every one in this thread got AP / DS5535.

I never officially got the DS-5535 form, but they did ask information that was similar. The frustrating thing is that most of that information was already provided in the DS-260 form. So I am not sure what else they are looking for.

On 12/21/2023 at 10:06 PM, northface said:

 

Consulate VO can not identify you until finger print in interview.  I think AP equalvent to USCIS process for green card application in domestic US (up to 180 days).

 

Guessing VO return a few cases like us to USCIS to check again, if I were a reviewer of USCIS ,need to repeat task, my face also turning red. 

You kena AP too?

On 12/19/2023 at 10:57 PM, northface said:

From my understanding, if those cases that are inconclusive from DOS review should go WOM.Since VO keeps eye on fraud prevention, it hard to prove marriage is true or no, except have a child.  Or how ex ordinary talent have etc. Even further they might challenge birth certificate authentic.

 

Recently in News a senior 70s doctor was found his father was a foreign diplomat when he was born in US ,so his US citizenship revoked. By law for diplomat's children born in US, no citizenship automatically gained. 

That doctor is a different case. He should have never gotten it in the first place. As a diplomat, they are perfectly aware of their responsibilities but chose not to correct the mistake given that it was to their advantage. 

18 hours ago, APRIL2023 said:

Sorry just saw others posting the same question! 
 

this is strange because you would think that the NVC would have ensure all documents are good and wouldn’t need any further documents post interview. Like my police check or your proof of domicile. I’d always ponder if my improper police certificate had placed me on AP…

I agree.

AP for anything should take place BEFORE the consular interview, not AFTER. 

On 8/10/2023 at 5:33 AM, Pearljamm said:

 

Added myself in! 

Any updates?

On 10/10/2023 at 7:16 PM, Darkknight574 said:

Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

You won't have any issues entering US with your Canadian passport despite DS-5535.

On 10/16/2023 at 5:51 PM, TheMaverick said:

But that makes it very clear that NVC has no role to play in deciding IL. So let’s direct all our questions to the Montreal email. 

NVC has no role to play in deciding priorities for IL. It is entirely the consulate's decision. The consulate may try to shift responsibility to NVC, but know that ultimately it is the Consulate who decides.

Can someone remind me again why is AP not done BEFORE the interview? Seems like it would save us a lot of time, money and blood (blood draws for medical exam).

On 8/28/2023 at 9:49 AM, Tikitch said:

Hey folks! 
 

I was asked to submit a second medical and send my passport, which the consulate received both on August 16th. First question, not to get ahead of myself, but I remember my lawyer telling me to pay the Immigration fee before crossing. I looked it up and it said that I should have received a packet at the interview, which I didn't. And I did go through AP (DS5535), so would I get this packet or handout when my visa is actually issued? Any info on how to handle this is greatly appreciated.

 

Second question, has anyone been asked to submit their passport and second medical but then got refused?? I shouldn't be thinking negatively but im so traumatized from the entire experience, id rather prepare myself mentally. Otherwise, any idea of timeline of when I can expect it to be issued after they receive all the documents? 

Again, thanks so much for the incredible community. I really don't know how I could have done this without you! 

 

Any updates on your case? Thanks! 

On 9/2/2023 at 11:51 AM, ALC said:

 

If you can afford (time and money wise) to travel back to home for the medical and interview, I'd say do it, especially you aren't DQ'ed yet. Because depending on the consulate, when you move the case, some of the reset the DQ'ed date to the date of the move. It's as easy as sending a request to the NVC telling them you want to move the case. My lawyers tried to do it, and literally on the same day we sent the request, MTL sent the interview letter. 

I want to provide a word of caution that attending the consular interview at another foreign country does not necessarily mean you will receive GC either.

Also consider that you will have to take time off (at minimum 2 weeks), fly in at least 1-2 weeks before your interview for the medical exam, costs of accommodations and vacation etc.

Even if you've provided all documents, have never committed any crimes or even traffic violations, and don't have any ties to communist regimes or MENA countries, there is still a chance that your application could be placed in Administrative Processing (with DS-5535 under 221g). If so, be prepared to wait another 12 months or longer after the interview. Filing Writ of Mandamus ($5k USD) may not speed things along either if DOS files for dismissal of motion, which has been occurring more frequently these days.

This is what happened to me.

3 hours ago, Tikitch said:

9 months 

Are you able to share the type of AP you are under? Is it MENA country, TAL, or CLASS?

Your best guess of course.

4 hours ago, Wcr984 said:

My employer had only asked if I’d heard anything after about 2 months of waiting, but nobody told me anything about being expedited. So, who knows? 🤷🏻‍♂️Either way, a relief. 

Thanks for the info. Did your employer handle the entire I-140 & DS-260 etc? Are you already working in the US or this was the final step before you were able to move? 

@Wcr984 Did you or your employer put in any request for expedited processing of AP? It seems like your consulate interview was expedited on the basis of your occupation as a nurse.

21 minutes ago, anotheronewaiting said:

 

Has anyone filed a WOM before the 60 day mark? I've read through about 30 pages of this and checked a couple of the google docs but it gets depressing to keep reading... Hopefully when next week rolls around I can consult with some of the popular lawyers mentioned here, and see what options we have moving forward. I appreciate the information, but I am a licensed doctor of physical therapy in the United States. I only read into it years ago (pre-pandemic) but transferring my license would be costly and they made it seem like I would have to take courses again to practice there (might have been Quebec specifically though). But at this point I've accepted that I'll probably have to dump thousands of dollars into a lawsuit to get our case over with anyway... such a flawed system.

Yes, there have been folks who filed WOM before 60 days mark but not many. I believe those are mostly iranians, since they already expect to undergo AP even before being placed in AP.

5 minutes ago, ALC said:

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... 

 

Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being.

 

Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all? 

The K1 visa specifically is for fiancee. The plan is to get married within 90 days of arriving in the US.

Once they are married, they would have to file under IR1/CR1 instead.

17 hours ago, anotheronewaiting said:

Hi,

 

New to this dreaded journey. NOA1 for I-129F on 10/4/21. Already had delays from an RFE for further information to prove a bona fide intent to marry before NOA2. We waited over a month for interview dates to pop up, and were able to book an interview one week prior to our interview date. Because of this, our medical did not arrive in time (they sent it 1 day after the interview....) Because of this, we got a 221g for medical and were told to fill out an email questionnaire to "avoid delays". Our email was labeled DS5535. Our case has been updated the day of the interview, still stating "ready", and the day after the interview when they received our medical results it was updated and still says "ready". They kept my fiance's passport at the end of his interview. So the waiting begins.

 

Now I am trying to figure out what to do next. I am in the process of finding a lawyer to seek legal input, but would appreciate any advice from others who have recently (late 2022/2023) been in the same boat. I hate being sent into uncertainty after waiting so long. We did not know it was possible to get stuck in an endless cycle at the last stage before getting married. Our wedding is supposed to be planned for the end of October 2023. I am devastated to see the degree of delays, knowing it will impact our wedding date after we were so excited to finalize everything when we got our interview date. We let everyone know with the delays it would be a stretch, but we were really hopeful to make this happen so my fiance's grandmother (90 years old) could make it to the wedding.

 

After reading through the recent entries here, it sounds like it is rarely processed within 60 days, but that is the supposed time frame before anyone is willing to take legal action. Has anyone ever dropped their K1, got married, and started over filing for a CR1/I130? I am even contemplating dropping the whole visa and moving to Canada instead.. I am a medical professional so I could use that to my advantage, but that was one of the main reasons we wanted to settle in the US (did not want to take another licensure exam, language barrier would prevent me from using my degree in Quebec and we both live along the Canadian border in QC/NY).

 

With all of that said, I would like to give everyone here a virtual hug. What a process to be able to live with our loved ones.

If you received DS-5535, then I wouldn't be optimistic about getting processed within 60 days. I don't think there are any DS-5535 cases that have resolved before 60 days (even with WOM). 

Can you move to Ontario? I believe that US-trained physicians can practice in Ontario without having to write other exams. https://www.cpso.on.ca/en/Physicians/Registration/Registration-Policies/Alternative-Pathways-to-Registration

12 hours ago, Irish89 said:

In the same boat since March. We did file a WOM in June so were still waiting on movement with that. 

Can you add your case in here:

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

On 8/9/2023 at 2:42 PM, LYV said:

Hello, 

 

I have created a spreadsheet for us all to use to track our progress. Another group used this type of sheet to track when their meetings would be scheduled from DQ date and it was really helpful to see approximate processing times. Please see attached online Excel Sheet. Let me know if you have any questions or think I missed anything that should be added. I've went ahead and added my information on the first line. Thanks!

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit?usp=sharing

I believe all DS-5535 goes to through same waitlist at DOS, regardless of Embassy/Consulate. So in my opinion, I think it would be more valuable to open this up to all other countries besides Montreal. 

2 hours ago, Coco_2023 said:

Hi @ALL

 

Does anybody know how to get a 5yr travel history for the interview since seems like it is frequently asked during the interview so I'd like to get prep'd?

 

I think searching your inbox for emails from any airline in the past 5 years?

1 hour ago, Irish89 said:

Question for our Montreal WOM friends. Has anyone had a motion to dismiss filed against their WOM and what happened following this? We can see on the WOM timeline spreadsheet from 2022 that some people had a motion to dismiss filed against their WOM but were later issued their visas. Would really appreciate anyone on here that could shed some light on this particular circumstance. TIA

There is a court case recently that was dismissed after WOM was filed. https://www.courtlistener.com/opinion/9413495/augustin-v-blinken/?q=blinken&type=o&order_by=dateFiled desc&stat_Precedential=on

This is not Montreal of course, but similar AP after consular interview.