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

[PanFriedTofu 4]

49 minutes ago, APRIL2023 said:

I’m trying to gage when the AP actually begins. I was told by CO that my “priority” is to complete the DS5535 as soon as possible as it will impact the AP process. I take that as AP to start ONLY after DS5535 has been submitted. I don’t understand the timing gap between interview and when applicant receives DS5535. If AP hasn’t begin then that means application is literally sitting for no reasons. 
 

Just seeking clarification!

I'm pretty sure the CO forgot to send the email. It took two emails to the embassy for them to send it.

[APRIL2023 59]

30 minutes ago, PanFriedTofu said:

I'm pretty sure the CO forgot to send the email. It took two emails to the embassy for them to send it.

😨😨😨. 
 

im glad you got the email! Hopefully your case will be resolved soon. I thought IR1 visa would be more straight forward. Learning about your situation makes me feel less alone in this situation. 

[Allaboutwaiting 2,503]

4 hours ago, PanFriedTofu said:

Attended IR1 interview March 22nd 2023.

Handed 221g and passport was returned.

Got DS-5535 today, over 3 weeks later.

Had my answers ready to go and sent it.

 

Now we wait to file WOM.

Not happy that you - or anyone- has to go through this, but I'm glad you finally got that thing.

Insane that you had to insist for them to send it. 

[justanamericangrl 23]

On 4/13/2023 at 2:24 PM, ice-qube said:

Sorry to hear. It definitely seems Montreal is using this as a strategy nowadays. If it helps, I was a guy who was hit with DS-5535, suffered in AP for over a year, but i travelled to see my wife several times, without problems.

Yeah it’s a bummer but good to hear you were able to travel! We’ve read some websites saying you absolutely cannot travel during AP so were a little worried. 

Edited April 14, 2023 by justanamericangrl
Spelling

[justanamericangrl 23]

On 4/13/2023 at 2:29 PM, haruharu said:

Just wanted to add on to this question, how long till one can file WOM? People who have taken this route could you share your process? Chris from PIC a seems to be a good option according to previous comments. After consulting with a few lawyers, they suggest to wait 60 days minimum. I read some contradictory material from Goldstein where in one pamphlet he suggests to wait 6 months but in a YouTube video on his channel he states if you’ve already waited 18 months for I-130 you’ve already waited long enough..
FYI another case update today (total of 4 since submission on April 4th) but still says refused. 

We are filing on April 25th which is almost 3 months from his interview but a full year since he got approved by USCIS I believe. From what the lawyer said it seems like since they just asked for a ds-5535 and no other supplementary information they feel more comfortable filing this soon. 

[justanamericangrl 23]

On 4/13/2023 at 6:02 PM, Canucklehead said:

I travelled to visit my spouse in USA. I'd suggest not hiding anything if asked/being honest about everything, and obviously make sure to stay within the appropriate timeline (no more than 6 months in USA in a 12 month period) and you should be OK. Ultimately, it is up to the border agent to decide though, so I purposefully packed light, had my existing work contract and tenant agreement ready just in case too.

Thanks! Yes he’s keeping a log of time spent in the US and he’s always honest with them. He does get pulled into secondary every time but has his paystubs, return flight etc 

On 4/13/2023 at 6:11 PM, ice-qube said:

I second this, always be honest— the only thing to add being: don’t offer up extraneous information without being asked. Answer all questions asked truthfully, but don’t go on a tangent or else they might be inclined to give you more of a hassle just because they don’t understand the specifics of your case. 

Thanks! All great suggestions!

[ShawnK 76]

In terms of travel to the US, there is a big sticker on the back of my passport from the interview day? Would that cause a flag? Anyone have any issues with that and what did you say to cbp?

Edited April 15, 2023 by ShawnK

[throwitaway 189]

11 hours ago, ShawnK said:

In terms of travel to the US, there is a big sticker on the back of my passport from the interview day? Would that cause a flag? Anyone have any issues with that and what did you say to cbp?

No, you just say you had an interview there. There’s nothing to hide really, you’re not breaking any rules. 

[can_do 18]

22 hours ago, PanFriedTofu said:

Attended IR1 interview March 22nd 2023.

Handed 221g and passport was returned.

Got DS-5535 today, over 3 weeks later.

Had my answers ready to go and sent it.

 

Now we wait to file WOM.

Hi,

 

Can you please share the approximate timeline for the whole WOM process, i.e. from the time you engage a lawyer till the time they actually file?

I'm seriously considering a WOM as well.

Don't want the medicals to expire (that'll add more time and cost to this saga).

I was given the DS-5535 and sent it immediately. Some updates were done on CEAC and now again, radio silence...

This is quite a roller coaster!

[ShawnK 76]

1 hour ago, throwitaway said:

No, you just say you had an interview there. There’s nothing to hide really, you’re not breaking any rules. 

Thanks, so assuming you bring adequate proof of ties , you are ok to enter as a Canadian on B1/B2? Even if under AP with DS5535? 

 

Just curious if anyone was asked by cbp about their DS5535, I am assuming they will see it when they scan you in, and if you have to go to secondary to explain.

 

 

 

 

 

[ak47 30]

4 hours ago, can_do said:

Hi,

 

Can you please share the approximate timeline for the whole WOM process, i.e. from the time you engage a lawyer till the time they actually file?

I'm seriously considering a WOM as well.

Don't want the medicals to expire (that'll add more time and cost to this saga).

I was given the DS-5535 and sent it immediately. Some updates were done on CEAC and now again, radio silence...

This is quite a roller coaster!

When was the last Update date change ? You had a couple of updates after you sent DS5535 which is common. Are there any recent updates like this week. 

[LAMA9 118]

20 hours ago, can_do said:

Hi,

 

Can you please share the approximate timeline for the whole WOM process, i.e. from the time you engage a lawyer till the time they actually file?

I'm seriously considering a WOM as well.

Don't want the medicals to expire (that'll add more time and cost to this saga).

I was given the DS-5535 and sent it immediately. Some updates were done on CEAC and now again, radio silence...

This is quite a roller coaster!

@can_do you can see the timelines for a bunch of us that filed WOMs last year here (see first two tabs):  https://docs.google.com/spreadsheets/d/1oh7cj_1HiWa-JH82xOeRtYb6gJWjU3KcF7ALuyQmV4w/edit?usp=sharing

you can see that the timelines from file to visa in hand differ.  For me personally, it took 95 days from file to case closed.  It generally takes 2 weeks from signing on with a lawyer for them to prepare your WOM and file it with the court.  Hope this helps.  Wish I had filed a lot sooner.  we waited for 7 months in DS-5535.  If I could do it all over again, I would have filed at 90 days.  Good luck to you!

Edited April 16, 2023 by LAMA9

[mam521 1,970]

On 4/14/2023 at 1:55 PM, PanFriedTofu said:

I'm pretty sure the CO forgot to send the email. It took two emails to the embassy for them to send it.

Ugh...just reading this makes me a bit sick in the pit of my stomach for you.  Extreme vetting and yet, it's sent by e-mail and forgotten about.  Makes you wonder how important it really is but yet, you're stuck in immigration purgatory as a result.  All I can say is I'm sorry and I'm sending timely passage vibes for everyone stuck in this process.  

[throwitaway 189]

17 minutes ago, mam521 said:

Ugh...just reading this makes me a bit sick in the pit of my stomach for you.  Extreme vetting and yet, it's sent by e-mail and forgotten about.  Makes you wonder how important it really is but yet, you're stuck in immigration purgatory as a result.  All I can say is I'm sorry and I'm sending timely passage vibes for everyone stuck in this process.  

I do wonder why they’re so hard on Canadians, it’s baffling.

[Mmk2112 34]

On 4/15/2023 at 10:07 AM, ShawnK said:

Thanks, so assuming you bring adequate proof of ties , you are ok to enter as a Canadian on B1/B2? Even if under AP with DS5535? 

 

Just curious if anyone was asked by cbp about their DS5535, I am assuming they will see it when they scan you in, and if you have to go to secondary to explain.

 

 

 

 

 

No they don't ask such DS 5535 questions. However they will ask about returning dates and if you have return ticket, show them. or just your Canadian employment details or lease or property info. Even if you go to secondary (which is random) you will be cleared as you're legally good to visit USA for upto 6 months.