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

[ice-qube 649]

3 hours ago, From_CAN_2_US said:

Oh my goodness! I hope your nightmare ends soon…

This isn't a very encouraging example, is it...

[BatmanFlow 481]

1 minute ago, ice-qube said:

This isn't a very encouraging example, is it...

No. Definitely not. But I wonder what their case entailed. 

[ice-qube 649]

Just now, BatmanFlow said:

No. Definitely not. But I wonder what their case entailed. 

Yes, it would be nice if they shared more particular details so we could understand. Right now I am just feeling hopeless.

[Federico 147]

Sad to come back and see some of you are still struggling with this, hope you all get an answer soon an hope you all can be reunited with your respective family ASAP. This process is something horrible and painful.

[Hawk Riders 814]

apparently @Jacksparrow11 is an EB3 applicant according to their other forum posts/threads

[ice-qube 649]

2 hours ago, Federico said:

Sad to come back and see some of you are still struggling with this, hope you all get an answer soon an hope you all can be reunited with your respective family ASAP. This process is something horrible and painful.

Thanks for thinking of us, amigo. 

[WishIWasntHere 53]

Has anyone given up and moved to Canada? I’m honestly feeling so disheartened and feeling like this will never end. 

[Krisara 29]

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?  

[WishIWasntHere 53]

@Krisara I am really thinking about looking into the same thing… considering asking a lawyer if it’s possible to apply for my Canadian Spousal Visa while we wait for the US one and see which one lands first. My spouse owns property in Toronto and we want to sell but we are waiting for a word in some direction. The separation is too much to handle and so I’m considering applying so we can be together. I feel like it will be faster anyway… I’m feeling so ###### stupid for not just trying to move to Canada in the first place. 

[Moe&Yas 25]

1 minute ago, WishIWasntHere said:

@Krisara I am really thinking about looking into the same thing… considering asking a lawyer if it’s possible to apply for my Canadian Spousal Visa while we wait for the US one and see which one lands first. My spouse owns property in Toronto and we want to sell but we are waiting for a word in some direction. The separation is too much to handle and so I’m considering applying so we can be together. I feel like it will be faster anyway… I’m feeling so ###### stupid for not just trying to move to Canada in the first place. 

I share the same sentiment. I am regretting not applying for my wife to move to Canada. It was our initial plan but we decided on moving to the US. Never did we imagine that we would have to go through this. It has been so depressing. 

 

[Red rocks 4]

Do you guys know if WOM can be filed as a group like a class action lawsuit?

[Danii 312]

3 hours ago, SN-2022 said:

Do you guys know if WOM can be filed as a group like a class action lawsuit?

Yes it can be, I've seen one filed by Kuck Baxter immigtation, I think it was against the Manila consulate. I found some posts here on visajourney about it, try searching class action/lawsuit

[Danii 312]

5 hours ago, WishIWasntHere said:

@Krisara I am really thinking about looking into the same thing… considering asking a lawyer if it’s possible to apply for my Canadian Spousal Visa while we wait for the US one and see which one lands first. My spouse owns property in Toronto and we want to sell but we are waiting for a word in some direction. The separation is too much to handle and so I’m considering applying so we can be together. I feel like it will be faster anyway… I’m feeling so ###### stupid for not just trying to move to Canada in the first place. 

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.

[Krisara 29]

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...

 

Edited April 22, 2022 by Krisara

[WishIWasntHere 53]

11 minutes ago, Krisara said:

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