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

[DS5535 135]

6 minutes ago, Danii said:

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

 

When was your interview?

November 8th. I checked that link and see a giant "Refused" updated today. Cause for alarm?

[From_CAN_2_US 1,106]

7 minutes ago, DS5535 said:

November 8th. I checked that link and see a giant "Refused" updated today. Cause for alarm?

No cause for alarm. It shows for everyone until it turns to Issued. The status “denied” is the one nobody wants to get.

 

Did you interview at Montreal as well? Could you please update the timeline? It helps us get some background about your case.

[Danii 312]

11 minutes ago, DS5535 said:

November 8th. I checked that link and see a giant "Refused" updated today. Cause for alarm?

Ah we were interviewed on the same day. So strange cause I've been following the Montreal Visajourney thread for so long, and I had never seen a single person refused/asked for DS5535. I wonder why there are so many of us within the last few months. It's not a cause for alarm, everyone who gets DS5535 will be "refused" initially. Once they start processing/doing the background checks, it may go from refused to administrative processing. They might update your case multiple times during this time. 

 

Do you mind me asking your ethnicity/country of birth/educational background? Trying to see if there is any trend here or if we were all selected for random-ish reasons. 

Edited November 10, 2021 by Danii

[DS5535 135]

4 minutes ago, Danii said:

Ah we were interviewed on the same day. So strange cause I've been following the Montreal Visajourney thread for so long, and I had never seen a single person refused/asked for DS5535. I wonder why there are so many of us within the last few months. It's not a cause for alarm, everyone who gets DS5535 will be "refused" initially. Once they start processing/doing the background checks, it may go from refused to administrative processing. They might update your case multiple times during this time. 

 

Do you mind me asking your ethnicity/country of birth/educational background? Trying to see if there is any trend here or if we were all selected for random-ish reasons. 

Weird, I just want this to be over. Also I think I saw you, were you sitting in a wooden chair between like 40 other people? haha

[DS5535 135]

6 minutes ago, From_CAN_2_US said:

No cause for alarm. It shows for everyone until it turns to Issued. The status “denied” is the one nobody wants to get.

 

Did you interview at Montreal as well? Could you please update the timeline? It helps us get some background about your case.

Thank you for the response, I was getting ready to enter panic mode.

 

Timeline:

- Applied January 2020

- I-130 Approved May 15, 2020

- Biometrics.. Don't remember

- Interview Notice October 14, 2021

- Interview Nov 8, 2021

 

Canadian married american spouse. CR1 

[ice-qube 649]

23 minutes ago, Kai G. Llewellyn said:

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.

Yeah this is exactly what I was fearing. My lord this sucks.

[DS5535 135]

13 minutes ago, Danii said:

Ah we were interviewed on the same day. So strange cause I've been following the Montreal Visajourney thread for so long, and I had never seen a single person refused/asked for DS5535. I wonder why there are so many of us within the last few months. It's not a cause for alarm, everyone who gets DS5535 will be "refused" initially. Once they start processing/doing the background checks, it may go from refused to administrative processing. They might update your case multiple times during this time. 

 

Do you mind me asking your ethnicity/country of birth/educational background? Trying to see if there is any trend here or if we were all selected for random-ish reasons. 

- Ethnicity: Middle Eastern (No accent, white looking, but my name is a dead give away)
- Born & Raised: Canada

- Education: Electrical Engineer
- Told them of missed info in DS260 (2018 - Visited Egypt and listed in DS260 but also went to visit Lebanon for 3 days and didn't add that as it slipped my mind but I told the interviewer when he asked me "Do you swear that all the information provided is true to the best of your knowledge" So I told him right away)

- In the DS5355 I (forced to) put I visited Lebanon in 2013 from May 01, 2013 - October 01, 2013 as the chaperone to my grandmother. So I hope that doesn't set any alarm bells off.

[Danii 312]

14 minutes ago, DS5535 said:

Weird, I just want this to be over. Also I think I saw you, were you sitting in a wooden chair between like 40 other people? haha

LOL maybe I saw you too 😂 I was there from 8-11am. This may take 2 months to 2 years 😕 no way to tell, there's no timeline for this process. Just have to hope that we get lucky after a bunch of bad luck. I've been reading that if it takes more than 6-12 months, you can file something called the writ of mandamus. It's basically a lawsuit against the department of state or something, and forces them to make a decision about our case within 60 days. It costs a lot of money though (I've seen 3-6k cause you need a lawyer). Praying that it doesn't get that bad for any of us, but good to know. 

Edited November 10, 2021 by Danii

[ice-qube 649]

3 minutes ago, Danii said:

LOL maybe I saw you too 😂 I was there from 8-11am. This may take 2 months to 2 years 😕 no way to tell, there's no timeline for this process. Just have to hope that we get lucky after a bunch of bad luck. I've been reading that if it takes more than 6-12 months, you can file something called the writ of mandamus. It's basically a lawsuit against the department of state or something, and forces them to make a decision about our case within 60 days. It costs a lot of money though (I've seen 3-6k cause you need a lawyer). Praying that it doesn't get that bad for any of us, but good to know. 

Doesn't anyone find it darkly hilarious that in my case they also gave me a NEXUS card, which I have held since early 2020? I mean... security vetting is supposed to be done on THAT...

[Danii 312]

1 minute ago, ice-qube said:

Doesn't anyone find it darkly hilarious that in my case they also gave me a NEXUS card, which I have held since early 2020? I mean... security vetting is supposed to be done on THAT...

It's really messed up. Not saying that people don't deserve second chances, but I overheard a lot of people at the consulate disclose their multiple arrests/convictions and were approved. Others forgot documents and were just told to upload it and they'd be approved shortly. None of us did anything wrong, yet here we are.

[ice-qube 649]

Just now, Danii said:

It's really messed up. Not saying that people don't deserve second chances, but I overheard a lot of people at the consulate disclose their multiple arrests/convictions and were approved. Others forgot documents and were just told to upload it and they'd be approved shortly. None of us did anything wrong, yet here we are.

I don't even have the usual connections to foreign countries that seem typical of a lot of the cases here, so I can't even point to *that*. I am totally blown away by this. A girl one number ahead of me, who was also moving to Miami area/South Florida to be with her spouse, I spoke with her a bit before. She wasn't born in Canada. I caught a word with her as she left, she was fine, approved. Like, #######. 

[Danii 312]

4 minutes ago, ice-qube said:

I don't even have the usual connections to foreign countries that seem typical of a lot of the cases here, so I can't even point to *that*. I am totally blown away by this. A girl one number ahead of me, who was also moving to Miami area/South Florida to be with her spouse, I spoke with her a bit before. She wasn't born in Canada. I caught a word with her as she left, she was fine, approved. Like, #######. 

I think job/educational history is another big reason. I don't even think it has to be science/engineering, I've seen a few people in business/management who also got flagged and asked for their resumes. But honestly it does feel really random esp if you have NEXUS

Edited November 10, 2021 by Danii

[DS5535 135]

47 minutes ago, Danii said:

LOL maybe I saw you too 😂 I was there from 8-11am. This may take 2 months to 2 years 😕 no way to tell, there's no timeline for this process. Just have to hope that we get lucky after a bunch of bad luck. I've been reading that if it takes more than 6-12 months, you can file something called the writ of mandamus. It's basically a lawsuit against the department of state or something, and forces them to make a decision about our case within 60 days. It costs a lot of money though (I've seen 3-6k cause you need a lawyer). Praying that it doesn't get that bad for any of us, but good to know. 

Are you that red haired guy? Or one of the 2 hijab woman?

 

The officer did take my passport and said "1-2 Months" so I really hope that's the case.

[From_CAN_2_US 1,106]

11 minutes ago, DS5535 said:

Are you that red haired guy? Or one of the 2 hijab woman?

 

The officer did take my passport and said "1-2 Months" so I really hope that's the case.

You are the first person that I know of was given a timeline!

 

I hope everyone gets through within 60 days…

[hkn1 32]

Hello all,

I was refused too, at my CR-1 interview on November 9th, and handed a 221g slip. The officer returned my passport and said I would receive the "questionnaire" in 2-3 days, however, I am seeing people have gotten the DS-5535 form within 24-48h from their interview date? Should I be following up immediately or wait to receive and fill out the form? Honestly, it's very unfortunate that there have been so many 221g related refusals lately from what I see here/the bigger DQ'd message group thread. I am Canadian born and raised, although I have ancestry from Southeast Asia, so I present as "Asian" and have an ethnic sounding surname. I had all the original documents and the only thing I can think of is maybe I wasn't enthusiastic enough when answering the questions? Anyway, it's comforting to hear that I am not alone and thank you all for sharing your situations. I hope we will overcome this final hurdle, fingers crossed!