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ice-qube

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

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2 hours ago, ice-qube said:

So you are literally in a storage unit lol. Damn dude. Yeah. My condolences. Quite frankly, a immigration lawyer is not likely going to do much... unless I want to pay big money to file a mandamus suit and I am not prepared to do that. I don't have money to just burn on that ($5000 USD or more).

And to be honest, who knows if Mandamus works either. The question is, why are you waiting almost 3 years. I applied in October 2020 (16 months after you) and had my interview on December 2021 (less than 2 months after you). You're applying for the same Visa from the same country. I know COVID was the problem, but I applied during COVID too, and might I add that my process was entirely during COVID. They would have still dealt with your case before mine, at least 16 months earlier. Why almost 3 years?

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5 minutes ago, Tony Nikolovski said:

And to be honest, who knows if Mandamus works either. The question is, why are you waiting almost 3 years. I applied in October 2020 (16 months after you) and had my interview on December 2021 (less than 2 months after you). You're applying for the same Visa from the same country. I know COVID was the problem, but I applied during COVID too, and might I add that my process was entirely during COVID. They would have still dealt with your case before mine, at least 16 months earlier. Why almost 3 years?

I would LOVE to give you a good answer for your question. I have no bloody clue man. I have reiterated here many times how I have very very few of the known apparent risk factors to explain why I was put in AP--but that is only the most recent part of this awful process. Before that, I had to wait nearly a full year between being "documentarily qualified" and getting an interview at Montreal. Before that, the transfer of my case from USCIS to NVC was less than smooth, it took several months before I was able to confirm that they had transferred me and had them resend an invitation letter via email (the original of which I never got--I would NOT have missed that, ever).

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4 minutes ago, Tony Nikolovski said:

And to be honest, who knows if Mandamus works either. The question is, why are you waiting almost 3 years. I applied in October 2020 (16 months after you) and had my interview on December 2021 (less than 2 months after you). You're applying for the same Visa from the same country. I know COVID was the problem, but I applied during COVID too, and might I add that my process was entirely during COVID. They would have still dealt with your case before mine, at least 16 months earlier. Why almost 3 years?

To put in perspective, I've "only" been waiting 17 months to cross the man-made canal known as the Detroit River. That's "nothing" compared to 3 years.

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5 minutes ago, Tony Nikolovski said:

And to be honest, who knows if Mandamus works either. The question is, why are you waiting almost 3 years. I applied in October 2020 (16 months after you) and had my interview on December 2021 (less than 2 months after you). You're applying for the same Visa from the same country. I know COVID was the problem, but I applied during COVID too, and might I add that my process was entirely during COVID. They would have still dealt with your case before mine, at least 16 months earlier. Why almost 3 years?

There is no guarantee mandamus works, either, correct. That is a very expensive hail mary to throw.

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1 minute ago, ice-qube said:

I would LOVE to give you a good answer for your question. I have no bloody clue man. I have reiterated here many times how I have very very few of the known apparent risk factors to explain why I was put in AP--but that is only the most recent part of this awful process. Before that, I had to wait nearly a full year between being "documentarily qualified" and getting an interview at Montreal. Before that, the transfer of my case from USCIS to NVC was less than smooth, it took several months before I was able to confirm that they had transferred me and had them resend an invitation letter via email (the original of which I never got--I would NOT have missed that, ever).

Based on that, I can't think of anything else than to take legal action when you're ready. All this information would be enough (in my estimation) to convince a judge that this is unreasonable.

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1 minute ago, Tony Nikolovski said:

To put in perspective, I've "only" been waiting 17 months to cross the man-made canal known as the Detroit River. That's "nothing" compared to 3 years.

Lol, yes apparently relatively long stretches, measured in months that stretch into years, of one's finite life, and all the stresses they place on relationships and one's mental health and ability to plan for future, etc.,  are now 'nothing'. It also seems just a cherry-on-top sort of absurd that in a time of labour shortage they would be want to be slowing down the stream of potentially productive workers to fill that--but heck what do I know? Bureaucracies have their own internal logic that defies reason.

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1 minute ago, ice-qube said:

There is no guarantee mandamus works, either, correct. That is a very expensive hail mary to throw.

Suing the Government shouldn't even be necessary if they were more humane with the process. I asked this last time, but I don't think there is another country that does this to law-abiding applicants expressing their intent to live with their loved ones abroad. It shouldn't be easy either, but making it this difficult is not right and unnecessary. We shouldn't be begging and spending money if we are approvable applicants. We shouldn't be waiting this long either. Just issue the Visa if we're clean, lol.

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Look at all this impotent rage, so to speak. It's like a complete defeat. I am literally trying to reconcile myself to another several months, at least, of this, so that I don't just turn completely bitter.

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19 minutes ago, Tony Nikolovski said:

Suing the Government shouldn't even be necessary if they were more humane with the process. I asked this last time, but I don't think there is another country that does this to law-abiding applicants expressing their intent to live with their loved ones abroad. It shouldn't be easy either, but making it this difficult is not right and unnecessary. We shouldn't be begging and spending money if we are approvable applicants. We shouldn't be waiting this long either. Just issue the Visa if we're clean, lol.

Totally agree! I remember reading from  somewhere that the DS5535 was created to do extreme vetting on immigrants by the Trump administration It’s really unfortunate for us to go through this process especially considering that we (I’m sure) have all visited the States to see our significant other but we are still considered to be potential threat. I also read that DS5355 is being used more under Biden than Trump. But at the same time, Biden’s administration was suppose to see how “useful” it is in preventing external threats.  Either way here we all are, being extremely vetted but yet we are sharing the largest/longest unprotected border with America.  Also Biden said this on immigration (granted most of it was regarding zither borders) during the State of the Union address “Revise our laws so businesses have the workers they need and families don’t wait decades to reunite. It’s not only the right thing to do—it’s the economically smart thing to do.” 🙃

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3 minutes ago, candyg said:

Totally agree! I remember reading from  somewhere that the DS5535 was created to do extreme vetting on immigrants by the Trump administration It’s really unfortunate for us to got through this process especially considering that we (I’m sure) have all visited the States to see our significant other but we are still considered to be potential threat. I also read that DS5355 is being used more under Biden than Trump. But at the same time, Biden’s admit was suppose to see how “useful” it is in preventing external threats.  Either way here we all are, being extremely vetted but yet we are sharing the largest/longest unprotected border with America.  Also Biden said this on immigration (granted most of it was regarding zither borders) during the State of the Union address “Revise our laws so businesses have the workers they need and families don’t wait decades to reunite. It’s not only the right thing to do—it’s the economically smart thing to do.” 🙃

Yep, it was created for 'extreme vetting' under Trump admin, and from all appearances, is being used *more*, and not less, by State Dept under Biden. 

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17 minutes ago, ice-qube said:

Look at all this impotent rage, so to speak. It's like a complete defeat. I am literally trying to reconcile myself to another several months, at least, of this, so that I don't just turn completely bitter.

Are there other representatives you can try contacting, like other congresspersons? Some may be a little more assertive than others when reaching out to the consulate, especially since you're so close to the medical expiring. I don't think it would hurt your case contacting multiple people (Sorry if you've already done that, haven't read the full chat)

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5 minutes ago, ice-qube said:

Yep, it was created for 'extreme vetting' under Trump admin, and from all appearances, is being used *more*, and not less, by State Dept under Biden. 

But why for Canadians? It makes absolutely no sense

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7 hours ago, Hello100 said:

This is merely speculation, so don't take my word on this, but perhaps it's because after further contemplation, they didn't like the interviewee's hairstyle or fashion sense.

It wouldn't be the first time: https://www.nytimes.com/1998/01/23/world/judge-denounces-us-visa-policies-based-on-race-or-looks.html

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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