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ice-qube

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

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14 hours ago, Hello100 said:

I told you man, I'd like to meet up with you when we both make it to Florida (whenever that may be) and just laugh about it.

I'd love to laugh with you guys about this. I'm in Florida, my fiance is in Canada. She received the dreadful 5535 on February 14th (of all days). It's been over a month, just waiting like everyone else.

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6 hours ago, ohmygod said:

Looks like medical is valid for a year now?

Where did you hear that?

38 minutes ago, AdrianHar said:

I'd love to laugh with you guys about this. I'm in Florida, my fiance is in Canada. She received the dreadful 5535 on February 14th (of all days). It's been over a month, just waiting like everyone else.

For sure, join in the fun— we can have a whole crew assembled!

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6 hours ago, ohmygod said:

Looks like medical is valid for a year now?

I believe medicals done outside the US (as required when doing consular processing) are still only valid for 6 months. Medicals done within the US (e.g. for AOS) use form I-693 which is different from the form used by panel physicians outside of the US and the validity of form I-693 was extended beyond the 6 months because of the pandemic. 

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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50 minutes ago, DGF said:

I believe medicals done outside the US (as required when doing consular processing) are still only valid for 6 months. Medicals done within the US (e.g. for AOS) use form I-693 which is different from the form used by panel physicians outside of the US and the validity of form I-693 was extended beyond the 6 months because of the pandemic. 

Ok, thanks for the information. Hope they change this for outside US too

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1 hour ago, DGF said:

I believe medicals done outside the US (as required when doing consular processing) are still only valid for 6 months. Medicals done within the US (e.g. for AOS) use form I-693 which is different from the form used by panel physicians outside of the US and the validity of form I-693 was extended beyond the 6 months because of the pandemic. 

As I understand it, it varies by the consulate. Some have it valid for 1 year (eg: Auckland) , others such as Montreal, it’s only valid for 6 months.

 

But yeah, I wish Montreal would extend it…

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On 3/25/2022 at 10:56 AM, deep2ca said:

@EB1A_Stuck_AP I believe you are the first person in this group to launch a mandamus suit, please keep us updated on how that goes. 

Will do! If you do some research, you will find that there are a bunch of mandamus lawsuits launched against Montreal consulate.  I am aware of 26 such cases since summer of 2020. Out of which 16 have been closed as the outcome was achieved. 10 are still outstanding. So I assume, there are at least 10 WoM lawsuits that Montreal consulate is suppose to be handling.  Montreal consulate recently posted two job openings with deadline to apply March 25, 2022, titled: Security Investigators. From the job description it seemed like these resources would be dedicated to conducting background checks and address cases stuck in AP.  From my research at most 10% of the people go for WoM who are stuck in AP. Extending the logic means there are likely 100s of files stuck in AP to justify two positions of $126k worth salary/year each.  Let's see what happens.  Its completely disappointing to see what law abiding individuals with clean record with top secret security clearance from Canadian governments has to go through all this nonsense bureaucracy  and red tape. Now, I do admit; I have wide and deep travel history but that's what talent and hard work does to you! You go see the world!  Wishing the best to you all.

Edited by EB1A_Stuck_AP
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33 minutes ago, EB1A_Stuck_AP said:

Will do! If you do some research, you will find that there are a bunch of mandamus lawsuits launched against Montreal consulate.  I am aware of 26 such cases since summer of 2020. Out of which 16 have been closed as the outcome was achieved. 10 are still outstanding. So I assume, there are at least 10 WoM lawsuits that Montreal consulate is suppose to be handling.  Montreal consulate recently posted two job openings with deadline to apply March 25, 2022, titled: Security Investigators. From the job description it seemed like these resources would be dedicated to conducting background checks and address cases stuck in AP.  From my research at most 10% of the people go for WoM who are stuck in AP. Extending the logic means there are likely 100s of files stuck in AP to justify two positions of $126k worth salary/year each.  Let's see what happens.  Its completely disappointing to see what law abiding individuals with clean record with top secret security clearance from Canadian governments has to go through all this nonsense bureaucracy  and red tape. Now, I do admit; I have wide and deep travel history but that's what talent and hard work does to you! You go see the world!  Wishing the best to you all.

How do you know of all these 26 cases?

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16 minutes ago, ice-qube said:

How do you know of all these 26 cases?

checkout lawsuit docket website: pacemonitor dot com . You can search for all cases with Ana Escrogima launched against (she is the Consul General).  You should be able to see all the 26 cases and more! You may need premium service, but if you are new to it, a trial account might get you there!

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3 hours ago, From_CAN_2_US said:

As I understand it, it varies by the consulate. Some have it valid for 1 year (eg: Auckland) , others such as Montreal, it’s only valid for 6 months.

 

But yeah, I wish Montreal would extend it…

It is not up to Montreal Consulate in particular. It has to come out as a policy change from the Department of State to synchronize with USCIS's policy. It requires internal agency efforts or external lobbying effort.  What is your actual verifiable source for validity of medicals for 1 year for a consulate (Aukland)?

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33 minutes ago, EB1A_Stuck_AP said:

It is not up to Montreal Consulate in particular. It has to come out as a policy change from the Department of State to synchronize with USCIS's policy. It requires internal agency efforts or external lobbying effort.  What is your actual verifiable source for validity of medicals for 1 year for a consulate (Aukland)?

https://travel.state.gov/content/dam/visas/Medical/ACK - Auckland.pdf

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59 minutes ago, From_CAN_2_US said:

Thanks for sharing.  The link you shared is providing out of date information (2016) 

 

See the current information below using this link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ACK-Auckland.html#medical_exam_instructions

 

It is still 6 months validity window.  Policy does not generally change unless there are specific exemptions. For example, I can understand policy exemptions  may apply in cases like Ukraine (if published), but for NZ, not conceivable under current circumstances.

"After the medical exam

 

When your examination is completed, the doctor will send the report directly to the U.S. Consulate. Any x-rays taken will be given to you. You DO NOT need to bring the x-rays to your visa interview unless you suffer from tuberculosis (TB). However, you must carry the x-rays with you when you travel to the United States for the first time. The medical report must be less than six months old when you enter the United States as an immigrant."

 

 

Edited by EB1A_Stuck_AP
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5 minutes ago, EB1A_Stuck_AP said:

Thanks for sharing.  The link you shared is providing out of date information (2016) 

 

See the current information below using this link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ACK-Auckland.html#medical_exam_instructions

 

It is still 6 months validity window.  Policy does not generally change unless there are specific exemptions. For example, I can understand policy exemptions  may apply in cases like Ukraine (if published), but for NZ, not conceivable under current circumstances.

"After the medical exam

 

When your examination is completed, the doctor will send the report directly to the U.S. Consulate. Any x-rays taken will be given to you. You DO NOT need to bring the x-rays to your visa interview unless you suffer from tuberculosis (TB). However, you must carry the x-rays with you when you travel to the United States for the first time. The medical report must be less than six months old when you enter the United States as an immigrant."

 

 

Thanks for providing the updated info.

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Also came for some good news but I am  sorry you guys are still in AP hell. 
 

Praying for you guys to see some positive soon.

 

 

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A noncontributory post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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