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

[throwitaway 190]

16 minutes ago, APRIL2023 said:

Hi everyone! Very disheartening to see so many ppl on the same boat as me. 
 

Attended my IR1 interview today in Montreal. Things were going smoothly until I was refused visa and handed 221(g) form stating that my application is refused and is now placed on administrative processing. Form also includes instruction to further submit RCMP police check, DS5535 and passport. I asked the officer what could have triggered the flag for DS5535, and the officer cannot provide an answer. He cannot provide timeline for the duration of AP either. 
 

I was shocked by this, as I am legally married to my husband (American) and we have two children today (who also hold dual Canadian-US citizenship). I was born in Hong Kong but immigrated to Canada when I was 9, currently working in healthcare. Could this have triggered the flag? I also traveled ++ to Qatar and China for work related trip over the past ten years. Could this have triggered the flag? 

 

Question - how should does it take for the consulate to email me DS5535 form for completion? Should I completes it preemptively and send it to the consulate? What’s the email I should use??

MOST IMPORTANTLY - can you still travel to US under B1/b2 visitor visa when your application is under AP???? 

Montreal’s parameters seem pretty liberal, none of us here know what triggers it. Timeline is several months to a year plus. 5535 was sent to me same night of interview. Don’t send it pre-emptively, they have instructions for how they’d like to receive it, but feel free to start drafting it as the template is easily found online. Yes you can still travel, all the same rules apply.

[APRIL2023 59]

13 minutes ago, throwitaway said:

Montreal’s parameters seem pretty liberal, none of us here know what triggers it. Timeline is several months to a year plus. 5535 was sent to me same night of interview. Don’t send it pre-emptively, they have instructions for how they’d like to receive it, but feel free to start drafting it as the template is easily found online. Yes you can still travel, all the same rules apply.

Thank you!! This is very helpful!!

[throwitaway 190]

9 hours ago, Illme said:

After waiting 11 and half months I received Immigrant visa. Visa timeline 

Interview was on April 19 2022

DS5535 emailed on April 25

Consulate requested 2nd Medical and RCMP police letter on March 10 

Consulate receeived both medical and Rcmp letter on 28th March

Status changed to issued on April 05 and received passport on 11th April

Congrats! Thanks for adding that data point. Your patience is impressive. 

[PanFriedTofu 4]

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.

[APRIL2023 59]

13 minutes 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.

In the DS5535 email you received, what other instructions were given? Did they say to submit passport as well? 
 

 

[PanFriedTofu 4]

21 minutes ago, APRIL2023 said:

In the DS5535 email you received, what other instructions were given? Did they say to submit passport as well? 
 

 

Instructions were to answer in the body of the email or in a txt file and nothing else. No police report, no medical, no passport - just respond to the questions on the form.

[throwitaway 190]

1 hour ago, APRIL2023 said:

In the DS5535 email you received, what other instructions were given? Did they say to submit passport as well? 
 

 

You don’t submit your passport until you are cleared. If they wanted to keep your passport, they wouldn’t give it back to you at the interview. 

[APRIL2023 59]

20 minutes ago, throwitaway said:

You don’t submit your passport until you are cleared. If they wanted to keep your passport, they wouldn’t give it back to you at the interview. 

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!

[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
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[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 82]

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