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

[AP_since_May2023 37]

4 hours ago, LAMA9 said:

Hi @SGtoMurica, the group I was referencing in that post is inactive now as we have all been issued our visas.  That group was formed back in early 2022 when there was a large number of us all filing WOM's at the same time.  

Here is the spreadsheet for anyone who is interested in seeing timelines of the various WOM cases from that particular subset of 2022 Montreal K1 & CR1/IR1 filers:  https://docs.google.com/spreadsheets/d/1oh7cj_1HiWa-JH82xOeRtYb6gJWjU3KcF7ALuyQmV4w/edit?usp=sharing

 

It may be helpful for all those currently on this thread who are filing WOMs to start your own chat and spreadsheet to keep one another updated.  I know we all found it extremely helpful while we were going through it.  

 

Thank you for sharing this. It's ridiculous that it takes WOM in order to overcome this. Are you aware of any cases getting rejected after WOM?

[throwitaway 190]

7 hours ago, SGtoMurica said:

 

Thank you for sharing this. It's ridiculous that it takes WOM in order to overcome this. Are you aware of any cases getting rejected after WOM?

If a case is refused, it would have been refused anyway, with or without the WoM. The notion that a WoM will force a refusal because they can’t finish their checks is nonsense. 

Edited August 8, 2023 by throwitaway

[EveK 14]

Hello, Im new in this group. I had my visa interview today in Montreal today for IR1 and put me on administrative prossessing under 221(g),  gave me a white slip and asked me to complete DS 5535 form through a office.com link. The interview went very well and I was shocked to see the outcome. I have three kids all under 5 with my US citizen husband and totally disheartened with their decision. Can anyone tell me how long is the processing? I will be filling out the form and send it tomorrow. 

[AP_since_May2023 37]

2 hours ago, throwitaway said:

If a case is refused, it would have been refused anyway, with or without the WoM. The notion that a WoM will force a refusal because they can’t finish their checks is nonsense. 

 

Yes, that's true. I am just wondering if the CO still can't make a decision because they do not have sufficient information about an applicant, based on the available information they may have to deny the visa.

[AP_since_May2023 37]

30 minutes ago, EveK said:

Hello, Im new in this group. I had my visa interview today in Montreal today for IR1 and put me on administrative prossessing under 221(g),  gave me a white slip and asked me to complete DS 5535 form through a office.com link. The interview went very well and I was shocked to see the outcome. I have three kids all under 5 with my US citizen husband and totally disheartened with their decision. Can anyone tell me how long is the processing? I will be filling out the form and send it tomorrow. 

 

Unfortunately this seems to be somewhat variable. Although the consulate may say 60 days, it is likely longer than 90 days. The most common timeline I've seen appears to be around 6 months. But some as long as 6 years. This is without WOM of course.

[AP_since_May2023 37]

On 6/27/2023 at 7:57 PM, LYV said:

Hi There,

 

I’ve been following along silently for a couple weeks. It’s nice to be able to read everyone stories for some comfort that we’re not alone on this. My husband and I went for our interview for our EB-1A visa May 26th 2023. We had no idea the DS5535 was even an option. I knew some people got chosen for extended processing but anything I saw was the person had been refused entry to the states before. That there was a reason. For us there is no reason. Our lawyer didn’t prepare us for this possibility. It’s been 5 years since my husband started the process, he added me on his and it’s been two years for me. Our lawyer said you’re already approved so there shouldn’t be a problem. We walked into that embassy happy as clams. We assumed when answering questions just to answer simply and not extrapolate  which I now think was the mistake. But usually at border crossings that’s how you answer so it’s what we did. We answered about 3 or 4 basic very conversational almost questions of the officer. She was super nice.
 

She said, So what will you be doing in the states? My husband answers I’ll be working in the industry in LA., (I didn’t answer here and maybe I should have about my job etc but she was on to the next question)

 

Have you been working on anything recently? Yes (listed tv show name he is working on) 

 

Have you lived anywhere outside of the US or Canada? No 

 

Where have you travelled to over the last 5 years? Listed South Africa, USA, Costa Rica, Mexico, and Portugal. 
 

My husband did most of the talking. Not for any reason it just kind of happened that way. I’m not sure if I should’ve spoke up more. She said okay I’m going to

give your passports back to you. We looked shell shocked. And she said you’ve been randomly selected for extensive processing. This happens sometimes. I said something to my husband about how he answered one of the questions. She heard and said it was nothing that you said. It typically takes two weeks for processing. She said I could keep your passports but sometimes it takes longer so I’m going to give them back. 
 

That was it. We went back to the hotel and got the email in the afternoon. It took us almost 2 weeks to fill everything out because we’ve travelled a lot and I grew up in a border town and a lot of my family is in the states so I had to figure out as many times as I could every time I went to the states (usually 5 times a year or more) Plus backpacking through Europe after college and various other trips. So we sent it in on June 7, 2023. Two weeks has past and nothing. I mean I didn’t expect it since what I’ve seen on here but I think my husband wanted to be hopeful. I’m 37 and we are wanting to start a family soon. It’s so hard to do that with this looming. I think I read on here or somewhere else that someone had a baby while on DS5535 and then the embassy wanted another interview with in Montreal with the 7 month old baby present. I don’t want to complicate things more. But who knows how long this will take.
 

I also found this company on YouTube who is made up of ex-immigration officers and it made me even more upset that I just trusted the lawyer and didn’t do more research which I usually always do crazy too much research with stuff like this. They said that when you go there the officer has never seen you case before. That if you bring extra proof and stuff in that you should find ways to give as much information as possible to the officer because they start at “this person does not deserve to be approved” and you are basically convincing them otherwise! Which I thought was insane. Why do you go through all the paperwork and approval process then? It makes no sense… and if that’s what they want more extrapolated answers then why isn’t this communicated in any way? 
 

So now we are on this waited game again. Hoping it’s going faster now post pandemic but we’ll see I guess. I was wondering has anyone started an Excel sheet for tracking everyone’s cases and dates, and approvals? I know they do that on other threads for the first part of the approval process to kind of get an idea of where they might be in the line of approvals.  

 

I watched many of the YouTube videos made up of those ex-consulate officers too. I'm not sure I trust them to be perfectly honest. They mentioned that there is usually a reason for the denial. But in my extensive reading so far, it appears that many of us selected are either due to TAL, or MENA background. Of which there is really no choice but to file WOM to overcome.

 

It's ironic because the US is trying to combat the loss of STEM talent, while on the other hand it is implementing TAL on us. 

[Inveigh 69]

On 8/7/2023 at 8:32 AM, LAMA9 said:

Hi @SGtoMurica, the group I was referencing in that post is inactive now as we have all been issued our visas.  That group was formed back in early 2022 when there was a large number of us all filing WOM's at the same time.  

Here is the spreadsheet for anyone who is interested in seeing timelines of the various WOM cases from that particular subset of 2022 Montreal K1 & CR1/IR1 filers:  https://docs.google.com/spreadsheets/d/1oh7cj_1HiWa-JH82xOeRtYb6gJWjU3KcF7ALuyQmV4w/edit?usp=sharing

 

It may be helpful for all those currently on this thread who are filing WOMs to start your own chat and spreadsheet to keep one another updated.  I know we all found it extremely helpful while we were going through it.  

Can you send me the link in a private message its not working for me

[Inveigh 69]

9 hours ago, SGtoMurica said:

 

Yes, that's true. I am just wondering if the CO still can't make a decision because they do not have sufficient information about an applicant, based on the available information they may have to deny the visa.

This actually scares me beyond belief if this is true

[LYV 63]

11 hours ago, SGtoMurica said:

 

I watched many of the YouTube videos made up of those ex-consulate officers too. I'm not sure I trust them to be perfectly honest. They mentioned that there is usually a reason for the denial. But in my extensive reading so far, it appears that many of us selected are either due to TAL, or MENA background. Of which there is really no choice but to file WOM to overcome.

 

It's ironic because the US is trying to combat the loss of STEM talent, while on the other hand it is implementing TAL on us. 

Interesting did you watch before your interview or after? My husband and I not TAL or MENA. We are actors and we were told it was random. 

[haruharu 10]

Hey guys, a few posts back someone asked if anyone did AOS after being issued DS5535. Anyone do this? No updates on our end since being placed under AP on April 3, 2023. 

[Ontarkie 14,191]

1 hour ago, haruharu said:

Hey guys, a few posts back someone asked if anyone did AOS after being issued DS5535. Anyone do this? No updates on our end since being placed under AP on April 3, 2023. 

I'm going to talk very general here and not necessarily to you  or the other member who asked this.

 

So here goes, planning to go to the US and AOS is fraud and against the TOS of this website. 

 

YOu would have to start all over and the AOS is taking even longer. Will there be any issues because of the pending file and the DS5535 I do not know. But at this point it will not be easier.

[LAMA9 118]

On 8/7/2023 at 1:08 PM, SGtoMurica said:

 

Thank you for sharing this. It's ridiculous that it takes WOM in order to overcome this. Are you aware of any cases getting rejected after WOM?

No one that I know of has had a visa denial in the WOM group.  

[haruharu 10]

2 hours ago, Ontarkie said:

I'm going to talk very general here and not necessarily to you  or the other member who asked this.

 

So here goes, planning to go to the US and AOS is fraud and against the TOS of this website. 

 

YOu would have to start all over and the AOS is taking even longer. Will there be any issues because of the pending file and the DS5535 I do not know. But at this point it will not be easier.

Yes, well aware and not something I’m interested in.  Spoke to multiple lawyers at length about this topic as well. But curious if anyone did this in the group and what the outcome was. Frustrating when I know of a few people who did AOS to begin with and they already have a work visa and application accepted within 4-5 months. Whilst others who did spousal visa are still waiting 2+ years. Immigration lawyers are aware of Montreal embassy and their timelines and are the ones suggesting to go AOS route. 

[AP_since_May2023 37]

4 hours ago, LYV said:

Interesting did you watch before your interview or after? My husband and I not TAL or MENA. We are actors and we were told it was random. 

 

I watched it after our interview and learning that we were placed in AP. We always knew AP was a possibility but didn't realize it would actually happen to us. 

[AP_since_May2023 37]

3 hours ago, haruharu said:

Hey guys, a few posts back someone asked if anyone did AOS after being issued DS5535. Anyone do this? No updates on our end since being placed under AP on April 3, 2023. 

 

I was the one who asked this. No, I haven't done it.