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

[Daft_Cat 136]

On 11/28/2023 at 6:41 PM, Shades8 said:

Sounds like it doesn’t take much for Montreal to hand out a DS5535 so now I’m really worried I’ll get one.  

I'll preface this by saying that your chances of not getting a DS-5535 are higher - especially now (it seems like fewer people in our boat have been showing up in this thread). I don't see why the issues you brought up would make a DS-5535 more likely, given that the majority of candidates seem to get them randomly. 

Remember that a lot of this (apparently) has to do with capacity issues at the consulate, as well as the backlog that formed during the pandemic - both of which may be improving. For those of us in Canada, the Nexus travel program encountered similar processing delays (generating lots of negative press) but has improved a lot over the past year or so. Having said that, it seems like everyone (including immigration attorneys) are really just guessing based on trends and hearsay - the whole thing is a bit of a black box and no one knows for sure. 

 

My advice to anyone in your shoes would simply be to not get ahead of yourself with planning for the future. My wife and I had waited a long time for an interview date, and our case was about as clear cut as they come. There were no obvious reasons to expect any hiccups or red flags and we had even begun planning the specifics of our move given the timelines around entering the US upon receipt of the Visa (I was coffee chatting with contacts at target firms in the US, my wife was checking out neighborhoods, etc.). We'd also been holding off on starting a family for a couple years knowing that a huge transition was imminent. It may sound like first-world problems, but the result is that all of our plans were upended with no certainty around timelines. I ended up wishing I had just known in advance that there was a decent chance this might happen so that I could have planned for it.

 

The system is not functioning as it should right now, and you can't take any of the usual Visa timelines as gospel. Chances are you'll be fine (and I wish you the best of luck), but stay weary and avoid cementing any life-plans until you've got your visa in hand. 

Edited December 7, 2023 by Daft_Cat

[Superluminal 146]

2 hours ago, Daft_Cat said:

I'll preface this by saying that your chances of not getting a DS-5535 are higher - especially now (it seems like fewer people in our boat have been showing up in this thread). I don't see why the issues you brought up would make a DS-5535 more likely, given that the majority of candidates seem to get them randomly. 

Remember that a lot of this (apparently) has to do with capacity issues at the consulate, as well as the backlog that formed during the pandemic - both of which may be improving. For those of us in Canada, the Nexus travel program encountered similar processing delays (generating lots of negative press) but has improved a lot over the past year or so. Having said that, it seems like everyone (including immigration attorneys) are really just guessing based on trends and hearsay - the whole thing is a bit of a black box and no one knows for sure. 

 

My advice to anyone in your shoes would simply be to not get ahead of yourself with planning for the future. My wife and I had waited a long time for an interview date, and our case was about as clear cut as they come. There were no obvious reasons to expect any hiccups or red flags and we had even begun planning the specifics of our move given the timelines around entering the US upon receipt of the Visa (I was coffee chatting with contacts at target firms in the US, my wife was checking out neighborhoods, etc.). We'd also been holding off on starting a family for a couple years knowing that a huge transition was imminent. It may sound like first-world problems, but the result is that all of our plans were upended with no certainty around timelines. I ended up wishing I had just known in advance that there was a decent chance this might happen so that I could have planned for it.

 

The system is not functioning as it should right now, and you can't take any of the usual Visa timelines as gospel. Chances are you'll be fine (and I wish you the best of luck), but stay weary and avoid cementing any life-plans until you've got your visa in hand. 

I feel for you bud. My wife and I are in the same boat as far as waiting to start our family. My interview was the end of April so I'm hoping things unjam soon for the folks earlier in the year. Anyone moving through now is good news for everyone. 

 

I also went with PIC. We didn't end up fighting the MtD since it felt futile. We waited 3 months because thats what seemed like the wisdom at the time was.

[Superluminal 146]

On 12/7/2023 at 12:32 PM, CondorMantis said:

I hope your WOM retainer agreement with your lawyer includes fighting the motion to dismiss if it happens, there has been several court orders denying motions to dismiss, including one in Pennsylvania
https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

I think this article is a little misleading. They are claiming there is a growing visa backlog but it actually has been decreasing over the last couple of years. The green datapoint is the one mentioned in the article. I pulled this data off of https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-backlog.html. Since the peak in Jun 2021, the backlog is falling by about 75k per year. These are worldwide stats though.

 

Does anyone know how to determine the number of people stuck in AP?

 

[northface 30]

14 hours ago, Superluminal said:

I think this article is a little misleading. They are claiming there is a growing visa backlog but it actually has been decreasing over the last couple of years. The green datapoint is the one mentioned in the article. I pulled this data off of https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-backlog.html. Since the peak in Jun 2021, the backlog is falling by about 75k per year. These are worldwide stats though.

 

Does anyone know how to determine the number of people stuck in AP?

 

 

how to determine the number of people stuck in AP?

 

I checked DOS  Immigrant Visa Statistics Report 2023 from below link. found 45,000 roughly visa issued  world wide  monthly. Also related to DOS requested budget for DS5535 in September ,their proposal to check 50,000 cases yearly , so odds is 1/12, 8% of people will be checking, under assuming DS5535 equalvent to AP,  40000-50000 in AP per year. Since a DS5535 check needs ~1 hour , as their proposal said, might be the  longest checking.

Other checks FBI ,CBP , USCIS much quicker, might you can check yourself online. I think Visa officer check these on the interview scene. So I prone to believe DS5535/ AP should not take that loooong time.

     Another interesting finding from the visa statistics report is,the neighbor Mexico consulate issued  ~4000 IV visa issued every month, 10 times more than Canadian, even 10% people in AP already a heavy load to DOS. I don't know why Mexican are so lucky !!!😋

 

As to Montreal consulate, per DOS statistics, ±5000 IV issued yearly, i.e ~400 monthly . Thus per 8% odds, , 30 -40 persons be thrown in DS5535 / AP every month. 🥺

 

Ref:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html;

 

https://www.regulations.gov/document/DOS-2023-0028-0001

[Timbits 2]

My wife interviewed today at MTL and got served 221g and DS-5535. 221g was for her unexpired US tourist visa on her expired and now surrendered old citizenship (she's a Canadian now). We are so frustrated and disheartened. We have worked so hard for so long and even bought a house together in the US thinking we would be living together soon which now would just be an empty nest every time I come home from work... I am just so incredibly disappointed at this outcome. 

[Leo The Great 137]

1 hour ago, Timbits said:

My wife interviewed today at MTL and got served 221g and DS-5535. 221g was for her unexpired US tourist visa on her expired and now surrendered old citizenship (she's a Canadian now). We are so frustrated and disheartened. We have worked so hard for so long and even bought a house together in the US thinking we would be living together soon which now would just be an empty nest every time I come home from work... I am just so incredibly disappointed at this outcome. 

if you want to enter your information for tracking and for the benefits of other, spreadsheet is maintained for MTL:

 

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

[Timbits 2]

When submitting the DS5535, it asked for the barcode number under DS260. Is it the confirmation number or the case number?

[Leo The Great 137]

3 hours ago, Timbits said:

When submitting the DS5535, it asked for the barcode number under DS260. Is it the confirmation number or the case number?

Confirmation# - Starting with AA....

Edited December 14, 2023 by Leo The Great

[MAN2023 30]

FINALLY got my green card (IR-1/CR-1)! Interviewed in mtl Jan 11 2023, got DS 5535, sent in my answers the day after. No WOM filed. Did have senators reach out to the consulate. Received an email for a new updated medical and passport to be sent back to consulate end of september. visa status changed to Issued today. 

[Irish89 44]

3 minutes ago, MAN2023 said:

FINALLY got my green card (IR-1/CR-1)! Interviewed in mtl Jan 11 2023, got DS 5535, sent in my answers the day after. No WOM filed. Did have senators reach out to the consulate. Received an email for a new updated medical and passport to be sent back to consulate end of september. visa status changed to Issued today. 

Congratulations and thank you for giving us your good news, this helps the group immensely. It would be great if you could add your timeline to the spreadsheet for us.

 

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

 

 

[ak47 32]

14 minutes ago, MAN2023 said:

FINALLY got my green card (IR-1/CR-1)! Interviewed in mtl Jan 11 2023, got DS 5535, sent in my answers the day after. No WOM filed. Did have senators reach out to the consulate. Received an email for a new updated medical and passport to be sent back to consulate end of september. visa status changed to Issued today. 

This is good news 

 

It took you 2.5 months since the embassy contacted you in end of September. 

 

Was it a delay from your side ? Can you share details on how many days it took for each step after you got the medical request.

 

It is greatly appreciated. Happy for you anyway.

[Fayisa 21]

23 minutes ago, MAN2023 said:

FINALLY got my green card (IR-1/CR-1)! Interviewed in mtl Jan 11 2023, got DS 5535, sent in my answers the day after. No WOM filed. Did have senators reach out to the consulate. Received an email for a new updated medical and passport to be sent back to consulate end of september. visa status changed to Issued today. 

Congratulations 🎊 👏  how long after they received the medical and the passport they issued your visa?

[cala2023 70]

1 hour ago, MAN2023 said:

FINALLY got my green card (IR-1/CR-1)! Interviewed in mtl Jan 11 2023, got DS 5535, sent in my answers the day after. No WOM filed. Did have senators reach out to the consulate. Received an email for a new updated medical and passport to be sent back to consulate end of september. visa status changed to Issued today. 

Excellent news and congratulations. I hope this is the start of more good news to come for those of us who interviewed in early 2023.

[SEP-27-DS_5535 33]

Just now, cala2023 said:

Excellent news and congratulations. I hope this is the start of more good news to come for those of us who interviewed in early 2023.

Don’t forget the late 2023 unlucky ones too. I hope it will be a start for everyone, so we can meet our loved ones.🙏

[ak47 32]

Other folks form January or February might have already received Medical request. If they can share their updates.