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

[can_do 18]

On 4/24/2023 at 3:28 PM, ajxl888 said:

Hi There - I'm with you, and it hasn't even been a week since I submitted mine Question - has your status changed at all?  Like refused to AP?  Mine is still saying "refused"... 

 

Anyways, seems like we're on a similar timeline so I'm looking forward to getting updates from you.  The lack of visibility and uncertainty of it all is the worst part. 

 

Thanks for sharing... that is super helpful.  I'm planning on flying to NYC this weekend. 

Hate to say welcome to the club 😅...

Had a few daily updates after the interview and after submission of DS-5535 but nothing since then. Its says "Refused" but its supposed to be that way until the forms are processed or unless they need anything else.

I'm trying to not check CEAC daily as its driving me nuts but not sure what else to do.

 

Seems like its a common process at Montreal and several other Consulates/Embassies.

 

Just hope this is over soon.

[dennisv 23]

Is anyone at 4+ months from Interview and got the DS5535 and not filed a WOM ??? Just trying to wrap head around the WOM.

Edited April 25, 2023 by dennisv

[can_do 18]

4 hours ago, PanFriedTofu said:

Sorry you're in this mess with us - send them an e-mail asap to let them know you're waiting.

Took 2 emails over 3 weeks for them to respond and send it.

 

It really makes me wonder what the heck is going in Montreal 😔 if only they asked more relevant questions then and there.

I don't think this is up to Montreal.

Our interview was going more like a chat at Tim Horton's when suddenly the interviewer's facial expression changed. Something, somewhere got triggered and I was thrown into AP.

Surprisingly, they only asked me to submit the DS-5535 (and no one else on our application).

 

[can_do 18]

4 minutes ago, dennisv said:

Is anyone at 4+ months from Interview and got the DS5535 and not filed a WOM ??? Just trying to wrap head around the WOM.

Hi,

I just crossed the 3 week mark but I'm thinking of WOM after we reach the 60 day threshold. $4K is a lot to resolve this but I'm still on the fence...

Are you planning on filing?

[dennisv 23]

18 minutes ago, can_do said:

Hi,

I just crossed the 3 week mark but I'm thinking of WOM after we reach the 60 day threshold. $4K is a lot to resolve this but I'm still on the fence...

Are you planning on filing?

Of course, sitting on fence. Had a chat with the sponsor, and seeing what's best for us now. Maybe a reverse sponsorship to Canada... Life planning is tough now.

[PZibran325 112]

1 hour ago, dennisv said:

Is anyone at 4+ months from Interview and got the DS5535 and not filed a WOM ??? Just trying to wrap head around the WOM.

I waited 8 months before starting the process for WOM. I did that because most lawyers at that point were suggesting waiting at least 6 months, I waited more because my 6 months fell in December and I wanted to cross the holiday season and I had also heard of someone going for a WOM only to have the embassy organically clear them through AP before the embassy even knew there was a WOM being filed. 

Edited April 25, 2023 by PZibran325

[throwitaway 190]

1 hour ago, can_do said:

I don't think this is up to Montreal.

Our interview was going more like a chat at Tim Horton's when suddenly the interviewer's facial expression changed. Something, somewhere got triggered and I was thrown into AP.

Surprisingly, they only asked me to submit the DS-5535 (and no one else on our application).

 

Wow, that brought back memories, as virtually the same thing had happened to us. The tone of the convo was very much “Enjoy where you’re moving to!” and then bam, confused face at monitor, flips through paperwork, undoes all his organization and steps away. Comes back with 221g slip and our thus began our descent into hell.  

 

[ak47 32]

3 hours ago, throwitaway said:

Wow, that brought back memories, as virtually the same thing had happened to us. The tone of the convo was very much “Enjoy where you’re moving to!” and then bam, confused face at monitor, flips through paperwork, undoes all his organization and steps away. Comes back with 221g slip and our thus began our descent into hell.  

 

same with us. Cannot believe why the bells did not ring during the NVC  processing stage that they act this way. Our applications was with NVC for 3 yrs and they could have easily done all checks rather the passing the buck to the embassy.

[SalishSea 17,829]

On 4/1/2023 at 2:44 PM, ak47 said:

Hi,

 

But your interview was on March 6, so the usual wait time is 60 days before filing WOM.  Have to sent the DS5535 info ?

60 days is certainly not the usual wait time to file WOM.  In general, it isn't done before 6-12 months in.  At 60 days, you're still within normal processing/background check time.

[SalishSea 17,829]

On 4/17/2023 at 12:46 PM, APRIL2023 said:

That’s exactly it! Up to this point all forms and completed paperwork are tracked and barcoded. There’s no official data online that states the exact wait time, just the general 60 days resolution. I feel like I’m stuck at a system that’s intentionally designed to be opaque, while I don’t know how I got flagged the first place. 
 

Still waiting for the DS5535 from consulate…

There is no published processing times for AP, like there is for petitions and visas.   Can last days to years.

[SalishSea 17,829]

On 4/19/2023 at 10:51 AM, ajxl888 said:

Got it.  Yeah, they kept mine but got DS-5535'd yesterday.  I just got an email though from them saying my passport is being sent back along with the Purolator tracking number.  So just a little confused.

What is confusing about that?  You are now in AP, and the consulate does not need your passport until they are ready to issue the visa.

[mymissingpiece 22]

20 hours ago, SalishSea said:

60 days is certainly not the usual wait time to file WOM.  In general, it isn't done before 6-12 months in.  At 60 days, you're still within normal processing/background check time.

I filed my WOM after 90 days and got my visa in the end. The duration of the wait to file had zero effect on the result.

 

Some others got motions to dismiss based on not having waited too long but this was actually luck of the draw since they waited longer than me. Some had shorter wait times and got no motions to dismiss. All eventually got their visas. 
 

Absolutely DO NOT wait 6-12 months to file WOM. It does nothing to help your case and only hurts you to wait. 

My lawsuit took about 4.5 months from filing  to get approved. DO NOT WAIT 6-12 months to file as you will only draw things out longer for yourseld.

[Coco_2023 14]

1 hour ago, mymissingpiece said:

I filed my WOM after 90 days and got my visa in the end. The duration of the wait to file had zero effect on the result.

 

Some others got motions to dismiss based on not having waited too long but this was actually luck of the draw since they waited longer than me. Some had shorter wait times and got no motions to dismiss. All eventually got their visas. 
 

Absolutely DO NOT wait 6-12 months to file WOM. It does nothing to help your case and only hurts you to wait. 

My lawsuit took about 4.5 months from filing  to get approved. DO NOT WAIT 6-12 months to file as you will only draw things out longer for yourseld.

@mymissingpiece How much did the WoM cost for you in total?

Did you file it thru a lawyer or by your own?

[mymissingpiece 22]

8 hours ago, Coco_2023 said:

@mymissingpiece How much did the WoM cost for you in total?

Did you file it thru a lawyer or by your own?

$5.5k USD through Goldstein. Service wasn’t the best, but got the job done. I don’t think you can file a lawsuit on your own

[Icecreamcastles 25]

There's seems to be no rhyme or reason to this process and I can't believe 7 months from interview to visa makes me one of the lucky ones. 

Here's my DS-5535 timeline:

Oct 4, 2022 Interview for K-1 Fiance Visa - Consulate assured me I was approved and kept my passport.

Oct 5, 2022 DS-5535 email received. CEAC Status 'Refused'. DS-5535 completed and sent Oct 7, 2022. 

Nov 2022 Requested passport back from consulate for holiday travel and renewal.

Mar 21, 2023 Consulate email request for new medical and passport. (No WOM filed.)

Apr 17, 2023 Consulate received medical and passport.

Apr 19, 2023 CEAC Status 'Approved' !

Apr 25, 2023 CEAC Status 'Issued' !! Purolator link email received.

April 27, 2023 Visa in hand !!! 

Wishing everyone speedy approvals - this group has given me great info and a much needed sense of support. 🙂