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

[PZibran325 112]

22 minutes ago, Pearljamm said:

I hope so!! I think I will wait until October to file, hopefully 6 - 7 months is enough time to get approved without needing to file WOM. 

 

 

Though there are examples of VJ members who filed WOMs sooner, most lawyers recommend waiting until 6 months anyway. I waited longer because: (a) I wanted to cross the November through January holiday season, (b) it was a lot to think about shelling out such a significant amount of money for something that should happen organically, and (c) I had hoped that with the amount of cases being put into AP and the amount of WOMs the gov't had been facing they'd fix things (usually Washington works slow but I decided to be optimistic).

 

With that announcement about making AP more streamlined and the way our case went and also knowing there has been at least one other couple here that filed a WOM only to pass through AP organically and then commenting they wished they'd waited just a little bit longer - my very sincere advice to people is to wait at least 6 months. Unless you have ~5k to spare, in which case go for it.

Edited May 26, 2023 by PZibran325

[ShawnK 82]

17 hours ago, PZibran325 said:

Though there are examples of VJ members who filed WOMs sooner, most lawyers recommend waiting until 6 months anyway. I waited longer because: (a) I wanted to cross the November through January holiday season, (b) it was a lot to think about shelling out such a significant amount of money for something that should happen organically, and (c) I had hoped that with the amount of cases being put into AP and the amount of WOMs the gov't had been facing they'd fix things (usually Washington works slow but I decided to be optimistic).

 

With that announcement about making AP more streamlined and the way our case went and also knowing there has been at least one other couple here that filed a WOM only to pass through AP organically and then commenting they wished they'd waited just a little bit longer - my very sincere advice to people is to wait at least 6 months. Unless you have ~5k to spare, in which case go for it.

Good points.

 

I'm just so confused on what to do, I'm wondering what some of you would do in my situation.

 

I have a work opportunity in the US with my current employer, they'd like me to move to our US head office as soon as I can.

 

When offered this role I was literally a week or two away from my IR1 interview , they agreed to let that work out.

 

When the DS55 bs happened, I obviously told them and they've agreed to let me work from Canada while this works itself out. However, I worry their patience with me will run out.

 

 

 

[haruharu 10]

I’m sorry you’re in this position too. You could try to contact the consulate via email and explain your situation to see if there’s any movement. Although, my husband and I tried that for me (congressman and immigration lawyer emailed) but they give a generic non-reply. 

[APRIL2023 59]

5 hours ago, ShawnK said:

Good points.

 

I'm just so confused on what to do, I'm wondering what some of you would do in my situation.

 

I have a work opportunity in the US with my current employer, they'd like me to move to our US head office as soon as I can.

 

When offered this role I was literally a week or two away from my IR1 interview , they agreed to let that work out.

 

When the DS55 bs happened, I obviously told them and they've agreed to let me work from Canada while this works itself out. However, I worry their patience with me will run out.

 

 

 

I’m in similar situation. Had an interview with US employer within days of my Montreal interview. I thought immigration would go uneventful, given that I’m applying for IR1 visa with two children and husband who are already American. Got DS 5535’d. Employer notified. I tried the TN visa route but my job wouldn’t qualify (consulted with lawyer). Now exploring potential H1B visa option. We also connected with local congressman and a rep from the office has reached out to USICS to advocate for prompt AP review. The rep told us that it’ll take 30-180 days for USICS to respond. 
 

Try the TN or H1B route, but that’ll require work sponsorship (if they are willing and hopefully have a H1B cap exemption) or ur job to fall under either visa categories. You’ll have to be clear that you have no intention to immigrate through these visas while your IR1 is pending, in hopes that USICS grant you the temp work non-immigrant visa. Also try the your partner’s local congressperson. Even if it’s generic response it wouldn’t hurt to try. 
 

good luck! 

 

[throwitaway 190]

3 hours ago, APRIL2023 said:

I’m in similar situation. Had an interview with US employer within days of my Montreal interview. I thought immigration would go uneventful, given that I’m applying for IR1 visa with two children and husband who are already American. Got DS 5535’d. Employer notified. I tried the TN visa route but my job wouldn’t qualify (consulted with lawyer). Now exploring potential H1B visa option. We also connected with local congressman and a rep from the office has reached out to USICS to advocate for prompt AP review. The rep told us that it’ll take 30-180 days for USICS to respond. 
 

Try the TN or H1B route, but that’ll require work sponsorship (if they are willing and hopefully have a H1B cap exemption) or ur job to fall under either visa categories. You’ll have to be clear that you have no intention to immigrate through these visas while your IR1 is pending, in hopes that USICS grant you the temp work non-immigrant visa. Also try the your partner’s local congressperson. Even if it’s generic response it wouldn’t hurt to try. 
 

good luck! 

 

Just a note that USCIS is not involved at all with your 221g AP, that’s all DOS. 

[dennisv 23]

Okay, so a little news out of the MTL. I did my usual bi-weekly ish follow email expecting to get the "generic" email they usually send back. Nope, they replied back with please grab a new medical and send your passport in via the AIS service. So that's something positive.

Timeline:
Interview: Nov 9 2023
221g: DS5355 Nov 9 2023
Positive News: May 26 2023

I didn't file a WOM

[ShawnK 82]

4 hours ago, dennisv said:

Okay, so a little news out of the MTL. I did my usual bi-weekly ish follow email expecting to get the "generic" email they usually send back. Nope, they replied back with please grab a new medical and send your passport in via the AIS service. So that's something positive.

Timeline:
Interview: Nov 9 2023
221g: DS5355 Nov 9 2023
Positive News: May 26 2023

I didn't file a WOM

Congrats, it's about time! Very nice to see the veterans of this thread get cleared out. You are good to go now, as so as you send your medical and passport in they will quickly issue.

 

 

 

 

[ShawnK 82]

14 hours ago, haruharu said:

I’m sorry you’re in this position too. You could try to contact the consulate via email and explain your situation to see if there’s any movement. Although, my husband and I tried that for me (congressman and immigration lawyer emailed) but they give a generic non-reply. 

Thanks, I think they couldn't care less about our emails and personal situations. 

 

I guess for me I may just have to be prepared to file a WOM as soon as the lawyer is willing , waiting 6 months to file will be too much in my situation. If I didn't have the work thing I would have zero issue waiting it out.

Edited May 28, 2023 by ShawnK

[Ontarkie 14,218]

On 5/27/2023 at 7:32 AM, ShawnK said:

Good points.

 

I'm just so confused on what to do, I'm wondering what some of you would do in my situation.

 

I have a work opportunity in the US with my current employer, they'd like me to move to our US head office as soon as I can.

 

When offered this role I was literally a week or two away from my IR1 interview , they agreed to let that work out.

 

When the DS55 bs happened, I obviously told them and they've agreed to let me work from Canada while this works itself out. However, I worry their patience with me will run out.

 

 

 

I'm confused how you are legally able to work for them without the proper visa?  You aren't legally allowed to work until that visa is endorsed at the border. 

[Canucklehead 102]

On 5/27/2023 at 7:06 PM, dennisv said:

Okay, so a little news out of the MTL. I did my usual bi-weekly ish follow email expecting to get the "generic" email they usually send back. Nope, they replied back with please grab a new medical and send your passport in via the AIS service. So that's something positive.

Timeline:
Interview: Nov 9 2023
221g: DS5355 Nov 9 2023
Positive News: May 26 2023

I didn't file a WOM

Congratulations on that progress! Which email address by chance did you email in order to get an update? I've been thinking of trying to follow up with someone...

 

I submitted my DS-5355 on March 2nd, 2023 (interview was Feb 1, 2023) and have yet to hear back (it's been 88 days today since submitting). On the CEAC website which provides updates on your case, the 'Case Last Updated' date is Mar 17-2023, so I doubt they've finished any of the processes yet.

[dennisv 23]

27 minutes ago, Canucklehead said:

Congratulations on that progress! Which email address by chance did you email in order to get an update? I've been thinking of trying to follow up with someone...

 

I submitted my DS-5355 on March 2nd, 2023 (interview was Feb 1, 2023) and have yet to hear back (it's been 88 days today since submitting). On the CEAC website which provides updates on your case, the 'Case Last Updated' date is Mar 17-2023, so I doubt they've finished any of the processes yet.

Email was montreal-iv-dv@state.gov

 

You got this!

[Niccie 12]

On 5/19/2023 at 7:32 PM, Wcr984 said:

It appears the DS-5535 may now be processing quicker. Today, exactly 80 days after submitting my DS-5535, the Consulate has requested my passport back.

Congratulations! Do you think it’s because if your visa type that it has been processed fast? Cause I seen K1 visas in AP taking sooo long! I’m

on day 27 myself going crazy! 

[Niccie 12]

On 5/19/2023 at 8:40 PM, ShawnK said:

Congrats.

 

By any chance, during those 80 days, did you see updates to your ceac status (I mean updates where you didn't email them, case status updating on it's own)?

 

At my interview in April 2023, the CO told me " these (DS5535) do not take as long as they used to". I'm not sure how true that is but lets see what happens.

 

 

 

 

I hope it’s true too but what is “not long”? 3 months? 6 months? I’m afraid if we wait too long to file WOM, next year it’s going to be more difficult because the Biden administration doesn’t fight these lawsuits now, so who knows what new laws the new president will make…also the medical exam that will expire….

[farzady 42]

Hi All,

 

I've received passport request email today. Hopefully they will issue visa on it.

[APRIL2023 59]

31 minutes ago, farzady said:

Hi All,

 

I've received passport request email today. Hopefully they will issue visa on it.

Congrats! When was your interview?