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

[PZibran325 112]

3 minutes ago, sky2022 said:

This is crazy that there is no timeline for it . How much time does it take to run security checks especially when they have all advance technology and access. For zero reason they gave me DS-5535 ,if they were that concern then why they gave me visitor visa at first place and i have been to US several times. Looks like when they dont find any reason to deny then they give this non sense DS-5535. This is indeed a discriminatory attempt to not give visa purposely . During interview i had all documents and asked visa officer to took those but he rather asked me to send via email in DS-5535. On zero grounds they are refusing visa to people . How long you have been waiting for ? Is there any other members whose visa get approved after getting DS-5535. 

It's not really a refusal per se, it's more like we need to look into you more. I'm sorry I really am. There have been a lot of approvals at the 45-60 day mark and some 90-180 day mark, but there are also people who have been waiting in this limbo for much longer. I can't even say its discrimination because it has been handed out to people who were born and raised in Canada @ice-qube is one such example and he has been waiting several years (but he is a rare case). I know it's hard but please don't lose hope. As I said many have been approved and many are also waiting, it's very random

[EB_Stuck 47]

18 hours ago, sky2022 said:

Hello VJ Members,

 

I had an interview yesterday and VISA officer gave me 221(g) form with remarks "Email Montreal-IV-DV@state.gov F1 Visa conversion opt out request Include "F1 Opt out OP29" in subject Resume and CV ". Today i got an email from Consulate requesting DS-5535 . Here is little background :

 

Country of origin  :India (Currently Canadian Green Card Holder)

F1 interview location :Montreal

Visa Category : F11

 

My dad applied immigrant visa for me as F2B category (Unmarried Son and Daughter of US Permanent Resident) then later when he became US Citizen we changed my visa category as F1 (Unmarried Son and Daughter of US Citizen) . Yesterday I had an interview where Visa officer told me that he cant grant me visa now since the category I am in (F1) is not current for India so he asked me to changed my visa category to my previous visa category i.e. F2B since that is current now .My overall interview went fine ,after the interview Visa officer asked me if I had my resume or CV and I told him yes i do and i can provide it to him right now but then he said its fine ,you will receive  an email from Consulate for Opt-out conversion and then you can reply to that email  with your resume and send it back to Consulate . So the very next day I did receive an email from consulate for DS-5535 but nothing for Opt Out request. I do carry a US Visitor visa and have travelled to US several times .Visa officer did ask me if i ever faced any issues at the border during my visits and I said no .Does anyone had same situation and how long does it takes to process DS-5535.

 

Thanks

Seems like you are going to be in this for a while. First get the opt out done (see below). Hope the category stays current. Meanwhile, getting out of AP is going to take a while at the very least!

 

See below info related to Opt Out.

...

If you want to opt out of the automatic conversion, you must submit a written request to the USCIS office that approved your Form I-130. You (not your parent) should send a signed letter stating that you wish to opt out of the conversion from F2B to F1. This letter should also include your and your parent’s names and dates of birth and the receipt number for your Form I-130. You can find the receipt number on the receipt and approval notices. The approval notice will also show you which office approved your Form I-130.

If you do not know which USCIS office approved your Form I-130, you may call our USCIS Contact Center.

 

Reference: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa#:~:text=If you want to opt,conversion from F2B to F1.

[sky2022 1]

5 minutes ago, EB_Stuck said:

Seems like you are going to be in this for a while. First get the opt out done (see below). Hope the category stays current. Meanwhile, getting out of AP is going to take a while at the very least!

 

See below info related to Opt Out.

...

If you want to opt out of the automatic conversion, you must submit a written request to the USCIS office that approved your Form I-130. You (not your parent) should send a signed letter stating that you wish to opt out of the conversion from F2B to F1. This letter should also include your and your parent’s names and dates of birth and the receipt number for your Form I-130. You can find the receipt number on the receipt and approval notices. The approval notice will also show you which office approved your Form I-130.

If you do not know which USCIS office approved your Form I-130, you may call our USCIS Contact Center.

 

Reference: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa#:~:text=If you want to opt,conversion from F2B to F1.

 But since my file has already passed to consulate from NVC and i dont think now USCIS have a hold of my file unless it get send back to them. Also under 221(g) form they have put remarks to email Montreal Consulate for opt out conversion.

Edited July 20, 2022 by sky2022

[EB_Stuck 47]

14 minutes ago, sky2022 said:

 But since my file has already passed to consulate from NVC and i dont think now USCIS have a hold of my file unless it get send back to them. Also under 221(g) form they have put remarks to email Montreal Consulate for opt out conversion.

I guess you have answered it yourself then for the opt out conversion process.  221(g) / DS5535 / AP is still a nightmare for most!

[sky2022 1]

3 hours ago, EB_Stuck said:

I guess you have answered it yourself then for the opt out conversion process.  221(g) / DS5535 / AP is still a nightmare for most!

I agree ,hopefully it wont take more than a year.

[vt154 0]

Only  @OceanWater has good news? Anyone alse has updates on WoM? 

I filed on June 24th and still waiting. Interview on mid november 2021

Edited July 22, 2022 by vt154

[ice-qube 649]

3 hours ago, vt154 said:

Only  @OceanWater has good news? Anyone alse has updates on WoM? 

I filed on June 24th and still waiting. Interview on mid november 2021

You filed the WOM on June 24?

[vt154 0]

1 hour ago, ice-qube said:

You filed the WOM on June 24?

Yes

[CanNursetoUS 36]

On 7/11/2022 at 3:16 PM, OceanWater said:

Picked up my visa today. Clearance was given on June 22 and was issued July 8. I’m crossing on Wednesday. They attached a little sticker onto the passport saying to cross before July 27 — the day my medical expires — otherwise the visa will expire. No big deal for me, but that time crunch is pretty brutal. 

Congratulations @OceanWater!!!! So happy for you, what a long road its been, but finally made it to the end!!!! Enjoy!!!

[sky2022 1]

@OceanWater congratulations on your visa approval ,can you tell me how long it took in your case from date of issuance of DS-5535. Thanks

[ice-qube 649]

1 hour ago, sky2022 said:

@OceanWater congratulations on your visa approval ,can you tell me how long it took in your case from date of issuance of DS-5535. Thanks

If am not mistaken, I believe @OceanWater filed a Wom suit recently?

[CanNursetoUS 36]

8 minutes ago, ice-qube said:

If am not mistaken, I believe @OceanWater filed a Wom suit recently?

I believe you are right @ice-qubei think he was the first one to submit on here that we know of...and I feel Iike I was the 2nd, I could be wrong tho lol

[OceanWater 60]

 

1 hour ago, sky2022 said:

@OceanWater congratulations on your visa approval ,can you tell me how long it took in your case from date of issuance of DS-5535. Thanks

My interview was February 7, lawsuit filed June 3, issued July 9 and crossed on July 13. I’m eternally grateful as my medical was set to expire later this month so the visa had the same expiration date. Be mindful of that if your medical is expiring soonish. You’ll have to cross quick. I went by the user JR_90 before switching.
 

We tried to seek a reason for the DS5535 but went nowhere. Maybe the agent didn’t like the way I looked at them? 

Edited July 22, 2022 by OceanWater

[PZibran325 112]

2 hours ago, OceanWater said:

 

My interview was February 7, lawsuit filed June 3, issued July 9 and crossed on July 13. I’m eternally grateful as my medical was set to expire later this month so the visa had the same expiration date. Be mindful of that if your medical is expiring soonish. You’ll have to cross quick. I went by the user JR_90 before switching.
 

We tried to seek a reason for the DS5535 but went nowhere. Maybe the agent didn’t like the way I looked at them? 

It sounds like the issuance happen in about a month or so of filing the case which means within weeks of after they were served with the lawsuit. If your DS 5535 can be cleared within a matter of weeks after a lawsuit is filed, then I am at a loss as to why non-lawsuit cases require months

[OceanWater 60]

2 hours ago, PZibran325 said:

It sounds like the issuance happen in about a month or so of filing the case which means within weeks of after they were served with the lawsuit. If your DS 5535 can be cleared within a matter of weeks after a lawsuit is filed, then I am at a loss as to why non-lawsuit cases require months

My visa received clearance before the summons were even delivered. I’m not sure what happened but the lawyer said the embassy was working on my case before summons.