The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

[BatmanFlow 481]

3 minutes ago, ice-qube said:

I haven't filed yet. I am like sitting on it debating whether to pull the trigger. There has been zero organic movement in this thread, only people who filed WOM have progressed. It is so angering. I am still on the fence, but I don't know what else to do. The expense is huge.

yea the lack of zero organic movement is quite depressing and its something that is making me consider pulling the trigger as well. almost $6k is a lot, but i dont know how long to wait. there is no movement for anyone without filing WOM

[ice-qube 648]

Just now, BatmanFlow said:

yea the lack of zero organic movement is quite depressing and its something that is making me consider pulling the trigger as well. almost $6k is a lot, but i dont know how long to wait. there is no movement for anyone without filing WOM

After all this time, I feel like they literally threw this x% of cases in the black hole on purpose, hoping that a number of people will just give up. And if we want the visa we will have to sue. It is deeply dysfunctional and cynical, and I just cannot see how this can be blamed on lack of resourcing at this point. This feels done on purpose.

[ice-qube 648]

3 hours ago, jujubemom said:

I am keeping track of my update dates: 

 

Interview                                 : 7.15

DS5535 & resume sent        : 7.18

Update (refused)                   : 8.19

Update (refused)                   : 8.03 (reply to my email to acknowledge receipt of DS5535)

Update (refused)                   : 8.18

Update (refused)                   : 9.09

Update (refused)                   : 9.21

Update (refused)                   : 10.03

Update (refused)                   : 10.04 (my husband sent an inquiry email last night, not sure if it was due to the email.

 

Does anyone have a similar pattern for the update? I was really excited when I saw the 8.18 one, but now I am merely confused about why they are updating my case so frequently but nothing really happens.

I have come to conclude those updates, the frequency of them and timing, are not worth anything for predictive or explanatory value. I have had quite a few updates over time, and some of them were after email communications (while other emails produced nothing) and some of them I have no idea. The result has been the same, no movement for me. 

[throwitaway 190]

5 hours ago, jujubemom said:

I am keeping track of my update dates: 

 

Interview                                 : 7.15

DS5535 & resume sent        : 7.18

Update (refused)                   : 8.19

Update (refused)                   : 8.03 (reply to my email to acknowledge receipt of DS5535)

Update (refused)                   : 8.18

Update (refused)                   : 9.09

Update (refused)                   : 9.21

Update (refused)                   : 10.03

Update (refused)                   : 10.04 (my husband sent an inquiry email last night, not sure if it was due to the email.

 

Does anyone have a similar pattern for the update? I was really excited when I saw the 8.18 one, but now I am merely confused about why they are updating my case so frequently but nothing really happens.

Why are you doing this? This will drive you crazy.

[throwitaway 190]

2 hours ago, BatmanFlow said:

yea the lack of zero organic movement is quite depressing and its something that is making me consider pulling the trigger as well. almost $6k is a lot, but i dont know how long to wait. there is no movement for anyone without filing WOM

In my opinion, once you file you’ll regret you waited so long.

[sloth_life 36]

They let 79,000 people in from Afghanistan without proper vetting. They then went back and started vetting everybody. They found several individuals with derogatory information: https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.oig.dhs.gov/sites/default/files/assets/2022-09/OIG-22-64-Sep22-Redacted.pdf&ved=2ahUKEwjWtcnDvcf6AhWXi_0HHeiPD4gQFnoECBYQAQ&usg=AOvVaw1xtpRMrSPVRCPRPZ9OK_5a

 

They then started processing large numbers of SQ visas, all of which require AP. SQ visas are the highest priority tier (i.e., higher than immediate relative). https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/immigrant-visa-prioritization.html

 

There is a large and growing backlog of cases in AP. You can determine this by looking at these reports: https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html#quarterly

 

Difference the numbers going into AP and coming out of it (i.e., "undergoes AP" and "visa issuance). Since January 2021, 4800 people have made it to AP stage, but only 2300 visas have been issued.

 

The reason the only people in AP who get approved are the ones that filed WOM is because they're only processing SQ in AP because there is a large and growing backlog of SQ in AP and they are a higher priority than IR according to State's prioritization system. When you sue them, you're effectively forcing them to work on your case.

[throwitaway 190]

35 minutes ago, jgauthi242 said:

They let 79,000 people in from Afghanistan without proper vetting. They then went back and started vetting everybody. They found several individuals with derogatory information: https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.oig.dhs.gov/sites/default/files/assets/2022-09/OIG-22-64-Sep22-Redacted.pdf&ved=2ahUKEwjWtcnDvcf6AhWXi_0HHeiPD4gQFnoECBYQAQ&usg=AOvVaw1xtpRMrSPVRCPRPZ9OK_5a

 

They then started processing large numbers of SQ visas, all of which require AP. SQ visas are the highest priority tier (i.e., higher than immediate relative). https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/immigrant-visa-prioritization.html

 

There is a large and growing backlog of cases in AP. You can determine this by looking at these reports: https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html#quarterly

 

Difference the numbers going into AP and coming out of it (i.e., "undergoes AP" and "visa issuance). Since January 2021, 4800 people have made it to AP stage, but only 2300 visas have been issued.

 

The reason the only people in AP who get approved are the ones that filed WOM is because they're only processing SQ in AP because there is a large and growing backlog of SQ in AP and they are a higher priority than IR according to State's prioritization system. When you sue them, you're effectively forcing them to work on your case.

I knew about the tiered priority scheme but I had thought that the courts had ruled it illegal - didn’t realize it only stopped them from applying it to DV (although in reality some embassies still do it, like Accra who had a poor DV 22). 

[ohmygod 60]

On 9/22/2022 at 4:12 PM, EB_Stuck said:

Negative. Shipped on Thursday, received on Friday.

Have you crossed the border? Where did you cross? What additional information is required for border crossing?

[ice-qube 648]

2 hours ago, Throwitaway1988 said:

In my opinion, once you file you’ll regret you waited so long.

I can guarantee that I will not drop to my knees and thank the government for forcing me to spend $7,000 CAD to file a lawsuit, so not exactly...

[EB_Stuck 47]

45 minutes ago, ohmygod said:

Have you crossed the border? Where did you cross? What additional information is required for border crossing?

 

 

Yes, we crossed the border in May 2022. We took the trip to Niagara Falls and visited family to activate our immigrant visas.  Just take your returned package from the embassy plus your passports with stamped visas at minimum. Refer to below link for moving your stuff to USA: https://help.cbp.gov/s/article/Article-107?language=en_US

 

Good luck!

[sloth_life 36]

Consulate requested passport two weeks after lawsuit filed! "AP is now complete".

 

Note that my wife had three visas in past seven years, which they had done AP on every time, usually taking around 6 weeks (very close to the 45 days mentioned by others who filed lawsuits).

 

With regards to DV priority, even though it's third tier, you're right that it's prioritized over immediate relative when it gets close to September 30. We know there's an immediate relative backlog, yet monthly visa issuance statistics for last several months show thousands of DVs being issued.

 

For those on the fence about whether to file lawsuits, now that September 30 is passed, you may consider waiting a little longer (e.g., end of October) to see if it's necessary. But, I still truly believe the only reason they looked at our case and approved it is because we sued them 10 days ago.

Edited October 5, 2022 by jgauthi242
Clarify

[Mmk2112 34]

4 minutes ago, jgauthi242 said:

Consulate requested passport two weeks after lawsuit filed! "AP is now complete".

 

Note that my wife had three visas in past seven years, which they had done AP on every time, usually taking around 6 weeks (very close to the 45 days mentioned by others who filed lawsuits).

 

With regards to DV priority, even though it's third tier, you're right that it's prioritized over immediate relative when it gets close to September 30. We know there's an immediate relative backlog, yet monthly visa issuance statistics for last several months show thousands of DVs being issued.

 

For those on the fence about whether to file lawsuits, now that September 30 is passed, you may consider waiting a little longer to see if it's necessary. But, I still truly believe the only reason they looked at our case and approved it is because we sued them 10 days ago.

Great news. Congratulations

[BatmanFlow 481]

19 minutes ago, jgauthi242 said:

Consulate requested passport two weeks after lawsuit filed! "AP is now complete".

 

Note that my wife had three visas in past seven years, which they had done AP on every time, usually taking around 6 weeks (very close to the 45 days mentioned by others who filed lawsuits).

 

With regards to DV priority, even though it's third tier, you're right that it's prioritized over immediate relative when it gets close to September 30. We know there's an immediate relative backlog, yet monthly visa issuance statistics for last several months show thousands of DVs being issued.

 

For those on the fence about whether to file lawsuits, now that September 30 is passed, you may consider waiting a little longer (e.g., end of October) to see if it's necessary. But, I still truly believe the only reason they looked at our case and approved it is because we sued them 10 days ago.

Which firm did you use? 
And congrats! 

[Siarg 72]

16 hours ago, ice-qube said:

I can guarantee that I will not drop to my knees and thank the government for forcing me to spend $7,000 CAD to file a lawsuit, so not exactly...

Not that you're thanking the government for forcing you, it's that you have spent 12 months in total agony. Stressing, fretting, researching and discussing how awful it is. In my opinion, if it's at all possible, the money is worth it to me to not have to worry any more. I was depressed, stressed, anxious, having difficulty sleeping, obsessing and being distracted at work, unable to function properly. I had multiple near-breakdowns and serious issues handling the anxiety of not knowing what my future held and the inability to have structure or planning for my future really got to me.

 

For me, the money was a lot to spend as well (and I paid a cheap lawyer and then a normal priced lawer), it was painful, but I worked hard for it and still think of it as money well-spent. The feeling of relief has completely turned things around for me. I'm optimistic and hopeful, and no longer struggling through every day. Maybe after a year, you've already gotten to that point, and knowing that its a marriage visa; you know eventually they'll get to it. 

 

I think spending ~$7k CAD to finally be with your wife, and not being emotionally fried every day is worth it. 

 

That being said, it doesn't change the frustration I feel towards the immigration system, the process they put us through and the issues that are causing it to happen to all of us in the first place. I don't feel thankful that it's pay-to-win, I personally hate it. The reality is that there is no way for us to contact DOS, and the consulate isn't the hold up. Senators and Congress contacting the consulate doesn't help because these are not waiting on the consulate, they're waiting on DOS. You will be waiting until they catch up and figure it out, or you can file a lawsuit and have it over pretty quickly. Mine was 7 days, and jgauthi was 10 days. It's up to you.

 

 

Edited October 5, 2022 by Siarg
grammar

[jandeep7519 0]

2 hours ago, jgauthi242 said:

Consulate requested passport two weeks after lawsuit filed! "AP is now complete".

 

Note that my wife had three visas in past seven years, which they had done AP on every time, usually taking around 6 weeks (very close to the 45 days mentioned by others who filed lawsuits).

 

With regards to DV priority, even though it's third tier, you're right that it's prioritized over immediate relative when it gets close to September 30. We know there's an immediate relative backlog, yet monthly visa issuance statistics for last several months show thousands of DVs being issued.

 

For those on the fence about whether to file lawsuits, now that September 30 is passed, you may consider waiting a little longer (e.g., end of October) to see if it's necessary. But, I still truly believe the only reason they looked at our case and approved it is because we sued them 10 days ago.

HUGE CONGRATULATIONS! Very happy for you and your wife. 

 

When did you submit your passport? They requested my husbands passport as well and it was delivered through their courier service on Sept.14, however the consulate is saying they haven't received it yet! We have emailed them with the tracking information to show it was infact delivered but haven't heard back from the consulate. 

 

Not sure if we should wait at this point or hire a lawyer.