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Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

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Filed: Citizen (apr) Country: Canada
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1 hour ago, Darkknight574 said:

Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

Many have visited. Just be clear and honest if asked. 

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5 hours ago, Darkknight574 said:

Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

I’ve had no problem at all entering. They’ve never asked once during any part of the process. I’ve gone back and forth several times.

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7 minutes ago, LYV said:

I’ve had no problem at all entering. They’ve never asked once during any part of the process. I’ve gone back and forth several times.

That was helpful. Tnx. I went back and forth several times myself before DS5535. But now my visa status is changed to “Refused” I thought maybe they start asking questions. 

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Filed: IR-1/CR-1 Visa Country: Canada
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7 hours ago, Darkknight574 said:

That was helpful. Tnx. I went back and forth several times myself before DS5535. But now my visa status is changed to “Refused” I thought maybe they start asking questions. 

I will add onto this to say I have also have had no issue going back and forth since getting the DS 5535. I do have Nexus though so I generally get through a bit easier because of the voluntary pre-screening I went through years ago.

 

I've been pushing our tracker a lot as I've found knowing others are in the same boat has been the only comforting aspect of the whole ordeal. Please consider adding yourself to the tracker:

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

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Filed: IR-1/CR-1 Visa Country: Canada
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18 hours ago, Darkknight574 said:

That was helpful. Tnx. I went back and forth several times myself before DS5535. But now my visa status is changed to “Refused” I thought maybe they start asking questions. 

Just have to answer whatever is asked. Keep it simple. Make sure you have your return flight details handy because they will ask you. They want to make sure that your intension is to return to Canada and not stay in US. 

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Filed: IR-1/CR-1 Visa Country: Canada
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It was explained to me that AP is only done at the consulates and the consulates don't get your info until like 2 months before your interview - well after your DQ. AP doesn't exist if you go the route inside the US. AP is all about the consulate being unable to make a determination.

 

Why? I have no idea.

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51 minutes ago, SGtoMurica said:

Can someone remind me again why is AP not done BEFORE the interview? Seems like it would save us a lot of time, money and blood (blood draws for medical exam).

I am not 100% sure.  Some agencies may need fingerprints to search your fingerprints against criminal databases (AFIS) during extreme vetting. Fingerprints are taken when you appear for an interview. Other types of AP is triggered by CO determined at interview time and may be resolved by consulate without involving any external agency.

Edited by Leo The Great
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Filed: K-1 Visa Country: Canada
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On 10/6/2023 at 12:14 PM, Fayisa said:

Guys wondering how often you reach to the consualte for an update, I have received the last email from them on the 25th, and it was the last time they updated my case. Should I reach out again ? It is almost 4 weeks since they recieved my passport. 

Have you gotten an update in the past 10 days? we are both in the same boat, theyve had my fiances passport for 6 weeks. 

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4 hours ago, Superluminal said:

It was explained to me that AP is only done at the consulates and the consulates don't get your info until like 2 months before your interview - well after your DQ. AP doesn't exist if you go the route inside the US. AP is all about the consulate being unable to make a determination.

 

Why? I have no idea.

I’ve actually come across info that for IV the CO is likely seeing your info for the first time at the time of the interview. 

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2 hours ago, dana.lannen said:

Have you gotten an update in the past 10 days? we are both in the same boat, theyve had my fiances passport for 6 weeks. 

Hello Dana, nothing yet, I am so frustrated they have my passport for 5 weeks now and no update since September 25th. When was your last update ?

Edited by Fayisa
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Filed: K-1 Visa Country: Canada
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16 hours ago, Fayisa said:

Hello Dana, nothing yet, I am so frustrated they have my passport for 5 weeks now and no update since September 25th. When was your last update ?

Yesterday, they replied to my email inquiring for a status update and said "

We acknowledge receipt of the additional documents you have provided. This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case. 

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the Department of State are aware of your concerns and will contact you as soon as the processing is complete. "

 

It took them ten days to reply. All we can do now is be patient. I know this sucks but we are in this together! The universe has perfect timing for everything, and even though this is hard, every day of waiting will make the victory that much better. We got this!

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