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

[can_do 18]

After contemplating for weeks, I reached out to two law firms for their opinion on filing a WoM.

 

Here's my experience:

Hacking: Great youtube videos but terrible service. I'm sure he's an excellent lawyer and his business probably quintupled in the last few months but they have been unable to keep up (horrible staff with virtually zero regard for the customer). My interpretation of his videos is: file WoM at the earliest. I sort of agree. Given my experience with them, even if I do decide to file, I will go with someone else.

 

PIC: Super fast responses but a bit too conservative, in my opinion. They discouraged me from traveling to the US, even on a short personal visit, until the AP is sorted out. I don't agree with that. If I am able to sell a kidney, I will hire them. They highlighted that my case isn't old enough yet (filed in 2019 and AP'd end of March '23) so I should wait a minimum of 90 days before we can file. I have been unable to confirm the 90-day rule and I don't think it exists. They kind of said that, when presented to a judge, the case should show that you are in a lot of pain/trouble. And any level of anxiety/nervousness/lack of any clarity doesn't constitute "pain".

 

Basically, we are exactly where we started from and the waiting goes on, and on, and on, and on....

[emergence 47]

9 hours ago, ajxl888 said:

That's exciting!  You'll have to keep us updated.  How long has the wait been for you since the interview/DS-5535?

Our interview was September 14th 2022 and we got DS-5535 the next day. We got the email to send the passport and new medical March 30th, but my fiancé was in the US until mid-April and couldn’t get a medical slot until the beginning of May, so he just got everything sent in today. Hoping everything will be quick!

[jayjay30 3]

Hello everyone!

 

I have been following this thread for the last 6 months. It has really helped my fiancée and I in our K-1 visa process. Here is our experience:

 

Interview at Montreal on 11/3/22. Visa refused and passport kept at the consulate. We were told to submit the correct police certificate and to expect DS-5535 by email. It was emailed to my fiancée in a few hours. We completed both the same day. We tracked the police certificate that was mailed to them and they received it in mid December. The status kept updating online every few days until the end of December. Then, there were no updates for almost 3 months. Contacted PIC and Goldstein around January/February after reading about them here. We liked PIC better and went with them. WOM filed on 3/10/23. We saw a date update around 3/20/23. Then around 3 weeks went by without any activity. The date updated around 3-5 times in mid April. Received an email from the Consulate on 4/25/23 to do another medical. Medical was done on 5/1/23 and sent to the Consulate on 5/4/23. Saw another date update on 5/5/23 but still said 'refused'. After talking to the lawyer on 5/10/23, she/lawyer sent an email to the consulate saying the medical was completed and sent to them. The status changed shortly after this to 'application received'. Today (5/11/23) the status changed to 'approved' and says your visa is in final processing and to contact them if not received in 10 working days.

 

We went into the WOM process with a lot of uncertainty as if it would be a waste of money but glad we did it. We are super excited and can't wait to get the visa in hand. Thanks to all who shared their experiences before. It was very encouraging and kept us going. I wish everyone the best!

[topman 42]

Does anyone know if the newborn child (4-month old) needs to appear for an interview at Montreal? Me and my wife had interview in Montreal in September when she was 7 months pregnant. But like other in this group, we were put on DS-5535. We filed for WOM in Jan, and received request for second medical last month and Montreal added our newborn to the application but wants to interview the child. 

 

I have sent an email to Montreal consulate but have not received a response yet. Does anyone know if I need to take my child to the interview in Montreal or can one of the parents be available in Montreal on her behalf for the interview? It will be tough to travel with a 4 month old for a one hour interview, if it's not required. 

 

 

[jayjay30 3]

2 hours ago, can_do said:

After contemplating for weeks, I reached out to two law firms for their opinion on filing a WoM.

 

Here's my experience:

Hacking: Great youtube videos but terrible service. I'm sure he's an excellent lawyer and his business probably quintupled in the last few months but they have been unable to keep up (horrible staff with virtually zero regard for the customer). My interpretation of his videos is: file WoM at the earliest. I sort of agree. Given my experience with them, even if I do decide to file, I will go with someone else.

 

PIC: Super fast responses but a bit too conservative, in my opinion. They discouraged me from traveling to the US, even on a short personal visit, until the AP is sorted out. I don't agree with that. If I am able to sell a kidney, I will hire them. They highlighted that my case isn't old enough yet (filed in 2019 and AP'd end of March '23) so I should wait a minimum of 90 days before we can file. I have been unable to confirm the 90-day rule and I don't think it exists. They kind of said that, when presented to a judge, the case should show that you are in a lot of pain/trouble. And any level of anxiety/nervousness/lack of any clarity doesn't constitute "pain".

 

Basically, we are exactly where we started from and the waiting goes on, and on, and on, and on....

I believe you can file the WOM whenever you want but they may ask for extensions if filed too early?...

[jayjay30 3]

2 hours ago, jayjay30 said:

Hello everyone!

 

I have been following this thread for the last 6 months. It has really helped my fiancée and I in our K-1 visa process. Here is our experience:

 

Interview at Montreal on 11/3/22. Visa refused and passport kept at the consulate. We were told to submit the correct police certificate and to expect DS-5535 by email. It was emailed to my fiancée in a few hours. We completed both the same day. We tracked the police certificate that was mailed to them and they received it in mid November. The status kept updating online every few days until the end of December. Then, there were no updates for almost 3 months. Contacted PIC and Goldstein around January/February after reading about them here. We liked PIC better and went with them. WOM filed on 3/10/23. We saw a date update around 3/20/23. Then around 3 weeks went by without any activity. The date updated around 3-5 times in mid April. Received an email from the Consulate on 4/25/23 to do another medical. Medical was done on 5/1/23 and sent to the Consulate on 5/4/23. Saw another date update on 5/5/23 but still said 'refused'. After talking to the lawyer on 5/10/23, she/lawyer sent an email to the consulate saying the medical was completed and sent to them. The status changed shortly after this to 'application received'. Today (5/11/23) the status changed to 'approved' and says your visa is in final processing and to contact them if not received in 10 working days.

 

We went into the WOM process with a lot of uncertainty as if it would be a waste of money but glad we did it. We are super excited and can't wait to get the visa in hand. Thanks to all who shared their experiences before. It was very encouraging and kept us going. I wish everyone the best!

 

[sjy 14]

On 5/10/2023 at 11:04 PM, Ontarkie said:

Montreal does not move fast but with the medical just recently making it to them. I would email if you don't hear back by the end of the week. All visas go though 221G it's just some get out faster. With your case it is the medical that was the hold up. Completely normal, fingers crossed they don't drag it out for 6 weeks. 

Thank you! This morning status changed to Issued (was refused yesterday). I guess we are good to go now.

 

[Mmk2112 34]

19 hours ago, emergence said:

Our interview was September 14th 2022 and we got DS-5535 the next day. We got the email to send the passport and new medical March 30th, but my fiancé was in the US until mid-April and couldn’t get a medical slot until the beginning of May, so he just got everything sent in today. Hoping everything will be quick!

Hi there, I'm in a similar situation. My interview was on 12th Sept 2022 and I received request for new medical on April 6th. It's completed on May 2nd and sent to embassy today May 12th. Please keep me posted about any updates. I will also Pm you. Good wishes for everyone!

[Jvisa 4]

Hi,

 

does somebody knows what will happen if Mandamus get dismissed, can file be moved forward even with dismissed mandamus.  please let me know as we are in swamp with dismiss and our lawyer is shocked too. 

[throwitaway 190]

28 minutes ago, Jvisa said:

Hi,

 

does somebody knows what will happen if Mandamus get dismissed, can file be moved forward even with dismissed mandamus.  please let me know as we are in swamp with dismiss and our lawyer is shocked too. 

Wait what? Who’s your lawyer? Did the defendants file a motion to dismiss? Did you respond?

[Jvisa 4]

41 minutes ago, throwitaway said:

Wait what? Who’s your lawyer? Did the defendants file a motion to dismiss? Did you respond?

I cannot mentioned my lawyer's name now .defendant file motion to dismiss and my lawyer is responding them, but I lost all my hope as everyone here comes and talking about their mandamus file was successful,

 

did somebody have the same experience? please guys let me know 

[throwitaway 190]

1 hour ago, Jvisa said:

I cannot mentioned my lawyer's name now .defendant file motion to dismiss and my lawyer is responding them, but I lost all my hope as everyone here comes and talking about their mandamus file was successful,

 

did somebody have the same experience? please guys let me know 

I know a few people who had these motions, it’s really important you have a good lawyer that can respond well. Mandamus isn’t just a magic bullet, sometimes it’s a fight. 

[LAMA9 118]

Yes, there were a few (I think 3 or 4) people in our group of WOM filers last year that had "motion to dismiss cases". The good news is they all received their visas in the end, and not with significant delay.  As @throwitaway mentions, if you have a good lawyer, this will not be the first time they have seen this and will know what to do.  I know it's hard, but try to stay positive.  

1 hour ago, Jvisa said:

I cannot mentioned my lawyer's name now .defendant file motion to dismiss and my lawyer is responding them, but I lost all my hope as everyone here comes and talking about their mandamus file was successful,

 

did somebody have the same experience? please guys let me know 

 

[Jvisa 4]

11 minutes ago, LAMA9 said:

Yes, there were a few (I think 3 or 4) people in our group of WOM filers last year that had "motion to dismiss cases". The good news is they all received their visas in the end, and not with significant delay.  As @throwitaway mentions, if you have a good lawyer, this will not be the first time they have seen this and will know what to do.  I know it's hard, but try to stay positive.  

 

Thank you for your answer but even my layer was shocked ,they even did not  touch my case and no update received during the extension, so frustration I am just crying cannot believe it. 

[mam521 2,111]

On 5/11/2023 at 5:15 PM, topman said:

Does anyone know if the newborn child (4-month old) needs to appear for an interview at Montreal? Me and my wife had interview in Montreal in September when she was 7 months pregnant. But like other in this group, we were put on DS-5535. We filed for WOM in Jan, and received request for second medical last month and Montreal added our newborn to the application but wants to interview the child. 

 

I have sent an email to Montreal consulate but have not received a response yet. Does anyone know if I need to take my child to the interview in Montreal or can one of the parents be available in Montreal on her behalf for the interview? It will be tough to travel with a 4 month old for a one hour interview, if it's not required. 

 

 

If the baby was added to the petition, then baby has to go to the interview too. 

 

My other question would be (since you don't have a timeline filled out) does the baby qualify for CRBA?  If so, then you need to file that ASAP and get the baby a US passport.  An I-130 isn't the correct route for the baby if (s)he is already a US citizen.