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

[Danii 312]

So they finally sent the email, after I sent 2 emails to them requesting them to send it asap. Has anyone here visited China? I went for a 3 month student exchange program and had given them a lot of information about it during the process (where I stayed, how it was funded by a Canadian university, explained what I did). They didn't ask a single question about it at the interview, but in addition to DS5535, I was asked to provide my resume, my work/education start/end dates (I just graduated so only have a few months of work experience), and a detailed account of my time in China. Not surprised now that this may have triggered it, but surprised that they asked so bluntly when no one else was asked for anything else besides the form.

Edited November 9, 2021 by Danii

[From_CAN_2_US 1,106]

12 minutes ago, Danii said:

So they finally sent the email, after I sent 2 emails to them requesting them to send it asap. Has anyone here visited China? I went for a 3 month student exchange program and had given them a lot of information about it during the process (where I stayed, how it was funded by a Canadian university, explained what I did). They didn't ask a single question about it at the interview, but in addition to DS5535, I was asked to provide my resume, my work/education start/end dates (I just graduated so only have a few months of work experience), and a detailed account of my time in China. Not surprised now that this may have triggered it, but surprised that they asked so bluntly when no one else was asked for anything else besides the form.

Thanks for letting us know. Yes, sounds like the student exchange program was the reason for you. So unfortunate... You never know what you can innocently do that would look suspicious to USCIS.

 

When you say you provided a lot of information before about your China student exchange program before during the process, do you mean just when you were filling in information on the DS-260, or did they ask about it specifically?

 

The good news, maybe, is that if that is the only reason (and it probably is), it probably can be easily cleared up. So perhaps the wait won't be too long.

 

I remember @deep2ca had posted before that they have been to China too.

Edited November 9, 2021 by From_CAN_2_US

[ice-qube 648]

1 hour ago, DrJanko10 said:

Sent a follow up email today, because it has been more than 5 business days since my first email inquiry, and this is what they sent me:

 

Your case is currently under administrative processing. As soon as the administrative processing is complete, the Visa Unit will advise of the next steps and updated documents required to continue processing the case.  

   

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing.  While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the State Department are aware of your concerns and will contact you as soon as the processing is complete.  

  

We hope that this information is helpful in replying to your inquiry.   

Please let us know if we can be of further assistance.  

 

Sadly, they didn't answer any of my questions, which were: 

-Can you help me understand what the DS-5535 process looks like? 

-Are you able to disclose the reason why my case is under such scrutiny? It would help put our minds at ease knowing the cause of this.

-Do you have any indication on how long this may take?

-Is there anything else you may need from me?

 

If any of you get a more detailed answer, please share. 

Lol, at least you got an (pro forma bureaucratese) answer, I guess?

[ice-qube 648]

2 hours ago, From_CAN_2_US said:

From what I have been reading, it appears that the people being issued the DS-5535 form are chosen by the computer, with no say from the CO.

 

Might be some arbitrary thing caught by the computer or who knows, maybe even random chance…

Yeah it seemed to me, though I cannot prove it, of course, that it was not the consular officer who decided on the spot I should be put in administrative processing, but rather, the computer.

[Danii 312]

2 minutes ago, From_CAN_2_US said:

Thanks for letting us know. Yes, sounds like that was the student exchange program was the reason for you. So unfortunate... You never know what you can innocently do that would look suspicious to USCIS.

 

When you say you provided a lot of information before about your China student exchange program, before during the process, do you mean just when you were filling in information on the DS-260, or did they ask about it specifically?

 

The good news, maybe, is that if that is the only reason (and it probably is), it probably can be easily cleared up. So perhaps the wait won't be too long.

I provided this info during the NVC stage. They wanted a police check from China, but since I was there for less than 6 months, I didn't need to get one (according to the NVC site). So instead of uploading the police check, I wrote an explanation as to why I didn't need to provide one/why I was there/how it was funded/I didn't get arrested there etc. I put all my places of stay on the DS-260 as well. I hope this is the only reason, but I feel like it's not likely 😂 Seems like the educational background is a problem too. Ah I guess we just have to wait and see. I'm still gonna try to involve some state reps and will let you guys know if it's worth it. 

[From_CAN_2_US 1,106]

10 minutes ago, Danii said:

I provided this info during the NVC stage. They wanted a police check from China, but since I was there for less than 6 months, I didn't need to get one (according to the NVC site). So instead of uploading the police check, I wrote an explanation as to why I didn't need to provide one/why I was there/how it was funded/I didn't get arrested there etc. I put all my places of stay on the DS-260 as well. I hope this is the only reason, but I feel like it's not likely 😂 Seems like the educational background is a problem too. Ah I guess we just have to wait and see. I'm still gonna try to involve some state reps and will let you guys know if it's worth it. 

Yeah the combination of bio-chemical engineer + China was probably what triggered it...

Edited November 9, 2021 by From_CAN_2_US

[deep2ca 77]

October 25th was my interview date.

October 26th they sent me the DS-5535.

Nov 2nd, I responded to the email and attached my completed DS-5535 in PDF format to the email.

 

They have yet to confirm that they received it and there has been no updates to the case status.

Do they typically respond back to confirm they received the email? How long does that normally take? Could the delay be that I sent it as a PDF? 

Should I email them again to confirm they received it?

 

@Danii @From_CAN_2_US I also travelled to china for a couple days about 8 years ago, I was in hong kong to for vacation and China was so close so I went for a couple days.

Edited November 10, 2021 by deep2ca

[Danii 312]

28 minutes ago, deep2ca said:

October 25th was my interview date.

October 26th they sent me the DS-5535.

Nov 2nd, I responded to the email and attached my completed DS-5535 in PDF format to the email.

 

They have yet to confirm that they received it and there has been no updates to the case status.

Do they typically respond back to confirm they received the email? How long does that normally take? Could the delay be that I sent it as a PDF? 

Should I email them again to confirm they received it?

 

@Danii @From_CAN_2_US I also travelled to china for a couple days about 8 years ago, I was in hong kong to for vacation and China was so close so I went for a couple days.

I think you should email them asking if they received it. Put URGENT in the title and demand a response because it is unacceptable for them to delay your process even more. That's what I did because they didn't send me ds5535 right away. I got a response 1 hour later. 

Edited November 10, 2021 by Danii

[ice-qube 648]

2 hours ago, Danii said:

I think you should email them asking if they received it. Put URGENT in the title and demand a response because it is unacceptable for them to delay your process even more. That's what I did because they didn't send me ds5535 right away. I got a response 1 hour later. 

Lol, personally I think is luck. I put URGENT in title, and they didn't respond. 

Does anyone have an idea of whether it is safe to try to visit the spouse in the US despite being on administrative processing? This total non-clarity is killing me...

[Danii 312]

11 minutes ago, ice-qube said:

Lol, personally I think is luck. I put URGENT in title, and they didn't respond. 

Does anyone have an idea of whether it is safe to try to visit the spouse in the US despite being on administrative processing? This total non-clarity is killing me...

You're probably right. Regardless I'm ready to be an annoying person and send them emails regularly 😂 maybe one day URGENT will catch some decent officers eye. Also I have no idea about if you can travel to the US I've searched a lot but didn't find anything

[DS5535 135]

29 minutes ago, Danii said:

You're probably right. Regardless I'm ready to be an annoying person and send them emails regularly 😂 maybe one day URGENT will catch some decent officers eye. Also I have no idea about if you can travel to the US I've searched a lot but didn't find anything

I probably wouldn't, "DrJanko" followed up twice and they sent him an administrative processing email. It sounds like the black hole of Green Card processing. I'd be patient and avoid it.

[Danii 312]

18 minutes ago, DS5535 said:

I probably wouldn't, "DrJanko" followed up twice and they sent him an administrative processing email. It sounds like the black hole of Green Card processing. I'd be patient and avoid it.

I think we're all going to be sent to AP anyways? Once they start processing our case, it'll go from refused to AP. That's what's happened to everyone in the DS5535 thread. It won't go from refused to approved, but I'm not 100% certain of that. I know I should take it easy and just wait, but it's so hard not to. We've all been waiting for so long and did everything right, we should've been able to reunite with our spouses by the end of the year I feel so angry for all of us 

[DS5535 135]

5 minutes ago, Danii said:

I think we're all going to be sent to AP anyways? Once they start processing our case, it'll go from refused to AP. That's what's happened to everyone in the DS5535 thread. It won't go from refused to approved, but I'm not 100% certain of that. I know I should take it easy and just wait, but it's so hard not to. We've all been waiting for so long and did everything right, we should've been able to reunite with our spouses by the end of the year I feel so angry for all of us 

Yea I know. I submitted my ds5535 yesturday and I ckeck my email every 5 seconds.

 

I did the CR1, do you know where I can see the status update?

[Danii 312]

1 minute ago, DS5535 said:

Yea I know. I submitted my ds5535 yesturday and I ckeck my email every 5 seconds.

 

I did the CR1, do you know where I can see the status update?

Same here 😕 you can find updates here https://ceac.state.gov/ceacstattracker/status.aspx

 

When was your interview?

[Kai G. Llewellyn 829]

1 hour ago, ice-qube said:

Lol, personally I think is luck. I put URGENT in title, and they didn't respond. 

Does anyone have an idea of whether it is safe to try to visit the spouse in the US despite being on administrative processing? This total non-clarity is killing me...

I think it is not advisable to travel to the US and request B2 status following a 221(g) refusal. It would appear very clearly to a CBP officer that you might be trying to sidestep the AP and adjust status instead. An IV refusal (even a 221(g) )  is probably the most damning thing in terms of them looking for immigrant intent. At best they'd ask you to withdraw your app for admission, but at worst they could give you an expedited removal and also now require a wavier for your IV.

 

That being said there isn't a hard rule saying that a Canadian cannot request B-2 status after a refused IV, but the burden of proof for non-immigrant intent is extremely high at that point.

Edited November 10, 2021 by Kai G. Llewellyn