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

[Frankphoto 51]

6 hours ago, US2197 said:

Does anyone know if our spouse can travel to see us while waiting for this to get solved? 

I visited my wife for xmas 23-30 without any issues (despite my activity here, I am just the petitioner)

However when I was on the phone with the caseworker at my local congresswoman's office, she advised strongly against her visiting me here in the USA, despite it being technically legal or whatever. She just said the border agent would likely see it in a negative light or assume she was going to overstay or whatever. She has visited me in the US frequently and it's true that occasionally a border agent will be incredibly harsh to her for whatever reason, take her in the back for extended questioning, etc. She is a French citizen in Canada on a work visa, just stating since all the discussion about Pakistan and such. We have no clue why we received the DS-5535- if USA travel triggers it then maybe that, but **** what's so odd about visiting your spouse

[ice-qube 648]

1 hour ago, Frankphoto said:

I visited my wife for xmas 23-30 without any issues (despite my activity here, I am just the petitioner)

However when I was on the phone with the caseworker at my local congresswoman's office, she advised strongly against her visiting me here in the USA, despite it being technically legal or whatever. She just said the border agent would likely see it in a negative light or assume she was going to overstay or whatever. She has visited me in the US frequently and it's true that occasionally a border agent will be incredibly harsh to her for whatever reason, take her in the back for extended questioning, etc. She is a French citizen in Canada on a work visa, just stating since all the discussion about Pakistan and such. We have no clue why we received the DS-5535- if USA travel triggers it then maybe that, but **** what's so odd about visiting your spouse

I honestly don't think it is the USA travel that triggers it, but leaving that aside--yeah out of an abundance of caution I think better if in AP not for her to try to cross the border at moment. It sucks.

[Danii 312]

9 hours ago, US2197 said:

Does anyone know if our spouse can travel to see us while waiting for this to get solved? 

I have spoke with someone who was able to cross 5+ times while in AP. It's kind of the same situation we were in while waiting for i130 approval/interview letter. Some people advise against it as it is possible that you can be turned around at the border, which could hurt your case (not sure exactly how, but some people in the past who were turned away were placed into AP after their interview. Not sure what the consequences would be if you're already in AP, perhaps longer background check time?) If you do attempt to cross, make sure you have proof of ties to Canada (proof of home ownership/lease, letter from work, return ticket etc). At the end of the day, whether you are admitted depends on the border officer as there are no hard rules here. It's definitely a risky move but not illegal. 

Edited January 2, 2022 by Danii

[US2197 9]

7 hours ago, Danii said:

I have spoke with someone who was able to cross 5+ times while in AP. It's kind of the same situation we were in while waiting for i130 approval/interview letter. Some people advise against it as it is possible that you can be turned around at the border, which could hurt your case (not sure exactly how, but some people in the past who were turned away were placed into AP after their interview. Not sure what the consequences would be if you're already in AP, perhaps longer background check time?) If you do attempt to cross, make sure you have proof of ties to Canada (proof of home ownership/lease, letter from work, return ticket etc). At the end of the day, whether you are admitted depends on the border officer as there are no hard rules here. It's definitely a risky move but not illegal. 

10 hours ago, Frankphoto said:

I visited my wife for xmas 23-30 without any issues (despite my activity here, I am just the petitioner)

However when I was on the phone with the caseworker at my local congresswoman's office, she advised strongly against her visiting me here in the USA, despite it being technically legal or whatever. She just said the border agent would likely see it in a negative light or assume she was going to overstay or whatever. She has visited me in the US frequently and it's true that occasionally a border agent will be incredibly harsh to her for whatever reason, take her in the back for extended questioning, etc. She is a French citizen in Canada on a work visa, just stating since all the discussion about Pakistan and such. We have no clue why we received the DS-5535- if USA travel triggers it then maybe that, but **** what's so odd about visiting your spouse

Even if they have a visitor Visa to U.S, should it still be a problem? 

Just doesn't make sense no why they would have an issue. 

[From_CAN_2_US 1,106]

15 minutes ago, US2197 said:

Even if they have a visitor Visa to U.S, should it still be a problem? 

Just doesn't make sense no why they would have an issue. 

By visitor visa, do you mean B1/B2?

 

B1/B2 visas are issued for a validity of 10 years. It allows one to visit the US multiple times over these ten years for purposes of tourism or business. It is up to the CPB officer to grant entry though. The CPB officer assesses the applicant and their situation at the time they show up at the border (which may be different from when the B1/B2 visa was granted), and decides whether the person, demonstrates they are visiting for the said purpose of the visa - tourism/ business. If there is any suspicion it is not for that purpose and the person wants to enter with the immigrant intent (purpose to live in the states), the CPB officer has the authority to deny entry.

A person with strong ties to the US, such as an American spouse, can be suspected of having immigrant intent, and that’s why we sometimes see spouses denied entry even if they actually only want to visit. When someone is in AP waiting for an immigrant visa to be approved, the CPB officer may similarly suspect that the applicant wants to enter the US with an intention to live there with their spouse.

 

[US2197 9]

11 minutes ago, From_CAN_2_US said:

By visitor visa, do you mean B1/B2?

 

B1/B2 visas are issued for a validity of 10 years. It allows one to visit the US multiple times over these ten years for purposes of tourism or business. It is up to the CPB officer to grant entry though. The CPB officer assesses the applicant and their situation at the time they show up at the border (which may be different from when the B1/B2 visa was granted), and decides whether the person, demonstrates they are visiting for the said purpose of the visa - tourism/ business. If there is any suspicion it is not for that purpose and the person wants to enter with the immigrant intent (purpose to live in the states), the CPB officer has the authority to deny entry.

A person with strong ties to the US, such as an American spouse, can be suspected of having immigrant intent, and that’s why we sometimes see spouses denied entry even if they actually only want to visit. When someone is in AP waiting for an immigrant visa to be approved, the CPB officer may similarly suspect that the applicant wants to enter the US with an intention to live there with their spouse.

 

Yes, it is a b1/b2. 

Is Ap status same as getting the DS 5535 form?

[From_CAN_2_US 1,106]

33 minutes ago, US2197 said:

Yes, it is a b1/b2. 

Is Ap status same as getting the DS 5535 form?

Not necessarily. DS-5535s are a subset of AP. Those subjected to “extreme vetting.”

[BatmanFlow 481]

Hopefully new year brings some approvals! Just want my mom to be here with us 

[Frankphoto 51]

13 hours ago, From_CAN_2_US said:

By visitor visa, do you mean B1/B2?

 

B1/B2 visas are issued for a validity of 10 years. It allows one to visit the US multiple times over these ten years for purposes of tourism or business. It is up to the CPB officer to grant entry though. The CPB officer assesses the applicant and their situation at the time they show up at the border (which may be different from when the B1/B2 visa was granted), and decides whether the person, demonstrates they are visiting for the said purpose of the visa - tourism/ business. If there is any suspicion it is not for that purpose and the person wants to enter with the immigrant intent (purpose to live in the states), the CPB officer has the authority to deny entry.

A person with strong ties to the US, such as an American spouse, can be suspected of having immigrant intent, and that’s why we sometimes see spouses denied entry even if they actually only want to visit. When someone is in AP waiting for an immigrant visa to be approved, the CPB officer may similarly suspect that the applicant wants to enter the US with an intention to live there with their spouse.

 

Basically everything he said. 

Bottomline, it's down to the mood and prejudices of the border agent working that day, whether he's had his cup of coffee, etc. Sorry to sound harsh but it is at times comical the human flaws exhibited by these border agents... very fragile egos in some cases. 

[From_CAN_2_US 1,106]

7 minutes ago, Frankphoto said:

Bottomline, it's down to the mood and prejudices of the border agent working that day, whether he's had his cup of coffee, etc. Sorry to sound harsh but it is at times comical the human flaws exhibited by these border agents... very fragile egos in some cases. 

Very true...

 

I have encountered some really nice ones, but many just come across as insecure bullies...

[Danii 312]

I'm in shock right now... my status changed to "Issued" on Dec30?!!? The last time I checked CEAC was around 3-4pm on Dec30, I remember seeing an update but it was still refused, I guess they logged in shortly after to approve it? Part of me thinks this is a mistake/that it'll go back to refused today/tomorrow (not sure if they're open today?) 😳 I'll keep everyone updated as to what happens next. I truly hope that this is a sign that everyone else's approval is just around the corner 🙌 I'm comparing my case to the recent approval (FB User RC) and the only similarity I see is that we both reached out to our reps early December? She got an email from her rep the same day of her approval and I haven't gotten anything cause the reps office has been closed since Dec 17. Could just be a coincidence but ?? What does everyone else think? 

Edited January 3, 2022 by Danii

[BatmanFlow 481]

7 minutes ago, Danii said:

I'm in shock right now... my status changed to "Issued" on Dec30?!!? The last time I checked CEAC was around 3-4pm on Dec30, I remember seeing an update but it was still refused, I guess they logged in shortly after to approve it? Part of me thinks this is a mistake/that it'll go back to refused today/tomorrow (not sure if they're open today?) 😳 I'll keep everyone updated as to what happens next. I truly hope that this is a sign that everyone else's approval is just around the corner 🙌 I'm comparing my case to the recent approval (FB User RC) and the only similarity I see is that we both reached out to our reps early December? She got an email from her rep the same day of her approval and I haven't gotten anything cause the reps office has been closed since Dec 17. Could just be a coincidence but ?? What does everyone else think? 

Congrats! That’s awesome news! 
 

looks like right around 50 days? Hopefully this gets the ball rolling!

[Danii 312]

9 minutes ago, BatmanFlow said:

Congrats! That’s awesome news! 
 

looks like right around 50 days? Hopefully this gets the ball rolling!

Thank you!! Yes, that's right. I'm really hoping for the same. Last year, they restarted interviews around Jan6, but this year it'll be around Jan12. They also (probably) have less cases this time around as the backlog has been reduced by a lot. On top of that, with the lockdowns coming, they may be reducing the number of interviews they do in general (which does suck) but there may now be more time for the officers to focus on AP backlog. I find it insane that so many people are waiting 50+ days just because their medical was delayed by a day or two and those issued DS5535 aren't given a timeline 😕

Edited January 3, 2022 by Danii

[From_CAN_2_US 1,106]

17 minutes ago, Danii said:

I'm in shock right now... my status changed to "Issued" on Dec30?!!? The last time I checked CEAC was around 3-4pm on Dec30, I remember seeing an update but it was still refused, I guess they logged in shortly after to approve it? Part of me thinks this is a mistake/that it'll go back to refused today/tomorrow (not sure if they're open today?) 😳 I'll keep everyone updated as to what happens next. I truly hope that this is a sign that everyone else's approval is just around the corner 🙌 I'm comparing my case to the recent approval (FB User RC) and the only similarity I see is that we both reached out to our reps early December? She got an email from her rep the same day of her approval and I haven't gotten anything cause the reps office has been closed since Dec 17. Could just be a coincidence but ?? What does everyone else think? 

Oh my goodness! Amazing news. Congratulations!

 

I hope this is a sign everyone else here will get their approvals soon.

 

I don’t know if reaching out to congressman contributed to the issuance or not, but I think everyone should do it, as it certainly doesn’t hurt.

 

Does it say “issued - AP” or “Issued - Final Processing”

 

Very happy for you @Danii. I can’t imagine how stressful this entire thing has been for you and your husband.

[Danii 312]

2 minutes ago, From_CAN_2_US said:

Oh my goodness! Amazing news. Congratulations!

 

I hope this is a sign everyone else here will get their approvals soon.

 

I don’t know if reaching out to congressman contributed to the issuance or not, but I think everyone should do it, as it certainly doesn’t hurt.

 

Does it say “issued - AP” or “Issued - Final Processing”

 

Very happy for you @Danii. I can’t imagine how stressful this entire thing has been for you and your husband.

Thank you!! Yes I agree, I think everyone should reach out to their rep/senator as soon as they can anyways. Remember to not take no for an answer! If one office refuses to inquire on your behalf, find another. 

 

It currently says issued - AP. I will post an update when it changes to FP. 

 

Thank you again! It's a bittersweet feeling. There are so many of us here in this unfair process, I wish we could all get our good news at the same time. I'll definitely be staying on this forum to keep track of the spreadsheet. Least I can do for such a supportive community!