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

[AP_since_May2023 37]

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.

 

I think AOS is a very unique topic that requires more clarification, as not all AOS is illegal.

 

In the following situation, I believe AOS is LEGAL: Applicant A applied for EB1A or EB2 NIW while they are in Canada. While their I-140 is processing, they received H1B / L1 visa for a job and worked in the USA on this visa. Their I-140 is approved, and their IV case is sent to Montreal consulate. They received invitation to attend their Consulate Interview in Montreal. They leave US for the Consulate Interview, and was unfortunately placed in AP. They re-entered US on their valid work H1B / L1 visa while awaiting AP. Their case remains in AP 6 months after they re-enter the US with no end in sight, so they decided to apply for AOS rather than filing WOM.

This AOS is valid.

[Ds553513 16]

Hi @Fayisa I am asking do you get a response from embassy regarding your email .because I did not get any response from embassy last 2 emails 

thank you 

[AP_since_May2023 37]

18 minutes ago, haruharu said:

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. 

 

Yes, overall, AOS is being processed significantly quicker than CP.

 

Our friends submitted their I-485 the same week that we were placed in AP, and they received their EAD and AP after 27 days, and they received their GC in hand after 84 days. They are probably very lucky, but not impossible. Just hang out on Immigration Reddit and you will see how many people got their GC approved within 3 months.

[Ontarkie 14,192]

25 minutes ago, SGtoMurica said:

 

I think AOS is a very unique topic that requires more clarification, as not all AOS is illegal.

 

In the following situation, I believe AOS is LEGAL: Applicant A applied for EB1A or EB2 NIW while they are in Canada. While their I-140 is processing, they received H1B / L1 visa for a job and worked in the USA on this visa. Their I-140 is approved, and their IV case is sent to Montreal consulate. They received invitation to attend their Consulate Interview in Montreal. They leave US for the Consulate Interview, and was unfortunately placed in AP. They re-entered US on their valid work H1B / L1 visa while awaiting AP. Their case remains in AP 6 months after they re-enter the US with no end in sight, so they decided to apply for AOS rather than filing WOM.

This AOS is valid.

Yes you are right there are certain times when it is completely legal. There is no point bringing up the other options at this point as that was not an available option or the question to this thread. 

 

43 minutes ago, haruharu said:

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. 

It is very frustrating, I have my own theory why this is happening so much in Montreal. But this is not the place to rant about it because it is my theory and only that. 

The EAD has been taking much longer then 4-5 months if lucky 8 months is the new norm. It could be speeding up but I'm not sure. So depending when the folks you know did it may also reflect the faster pace of the IR/CR that used to happen. 

Of course lawyers will say all kinds of things they aren't the ones who gets into trouble if it fails and then they are the ones that get the big bucks to try and fix it. The lawyers who are actually advocating this should be reported if they are outright telling you to commit fraud.

[Ontarkie 14,192]

28 minutes ago, SGtoMurica said:

 

Yes, overall, AOS is being processed significantly quicker than CP.

 

Our friends submitted their I-485 the same week that we were placed in AP, and they received their EAD and AP after 27 days, and they received their GC in hand after 84 days. They are probably very lucky, but not impossible. Just hang out on Immigration Reddit and you will see how many people got their GC approved within 3 months.

This is more rare then the norm. Go look and the AOS from Tourist visa forum. You will see many more waiting over a year. 

 

Lets not derail this thread further. I hate to have to remove posts that were genuine because we started derailing things. 

[Fayisa 21]

1 hour ago, Gha said:

Hi @Fayisa I am asking do you get a response from embassy regarding your email .because I did not get any response from embassy last 2 emails 

thank you 

Yes it took one week exactly for them to respond to my email. They ask me to send the required documents before asking me to redo my medical.

[APRIL2023 59]

Question - have anyone that had their interview in April and was placed on AP heard back yet? 
 

It has been close to four months and I’m hesitant to file a WOM, in hopes that something will happen over the next month or so. 

[AP_since_May2023 37]

 

4 minutes ago, APRIL2023 said:

Question - have anyone that had their interview in April and was placed on AP heard back yet? 
 

It has been close to four months and I’m hesitant to file a WOM, in hopes that something will happen over the next month or so. 

 

I think @haruharu is in the same situation as you. Personally, I have seen so many WOM's clear within 2-3 months of filing, but haven't seen many APs clear without WOM (assuming after 3 months).

 

Anyone able to start a google sheet to track AP dates, perhaps one sheet for WOM and another without WOM?

[DrJh07 28]

3 hours ago, SGtoMurica said:

 

Yes, overall, AOS is being processed significantly quicker than CP.

 

Our friends submitted their I-485 the same week that we were placed in AP, and they received their EAD and AP after 27 days, and they received their GC in hand after 84 days. They are probably very lucky, but not impossible. Just hang out on Immigration Reddit and you will see how many people got their GC approved within 3 months.

Yes, your friends are very lucky. My cousin in Boston wasn't as lucky as your friends. His EAD took more than 11 months and his GC took more than 14 months. His Advance parol never got approved even though his father just got diagnosed with Parkinson's. 

[yvesemma 21]

Hia all, officially spent a year in AP after being issued the DS5535.... can I have some options for lawyers to file for the WOM??

 

Thanks 

[Mjuve 7]

Hello people, 

 

I have what it seems like a unique situation which I haven't found much about online. I had my interview for K-1 Fiancé Visa at the consulate in Montreal on June 27th. The officer at the end of the interview said she has couldn't approve me on the spot and will need more work, she then followed by it should take two weeks and she doesn't need any other documents and will contact me if they do she gave me a white 221G with additional processing marked and kept my passport. She never mentioned anything about DS5355 or any questionnaire and I never received a DS5535 or any other requests, I emailed them after 3 weeks to inquire and got a response a week later (July 27th)  

 

Hello,  

 

Thank you for your inquiry.  

  

This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case.  

 

Also there has been updates at least 3 times including when they sent me the reply to my email.

I am wondering is there still a chance I get a DS5535 if not am I looking at weeks or months? anyone ever received a 221g with no additional documents required or a DS5535 and how long does it take on average with no DS5535?

 

Good luck to everyone

Edited August 9, 2023 by Mjuve

[DrJh07 28]

42 minutes ago, Mjuve said:

Hello people, 

 

I have what it seems like a unique situation which I haven't found much about online. I had my interview for K-1 Fiancé Visa at the consulate in Montreal on June 27th. The officer at the end of the interview said she has couldn't approve me on the spot and will need more work, she then followed by it should take two weeks and she doesn't need any other documents and will contact me if they do she gave me a white 221G with additional processing marked and kept my passport. She never mentioned anything about DS5355 or any questionnaire and I never received a DS5535 or any other requests, I emailed them after 3 weeks to inquire and got a response a week later (July 27th)  

 

Hello,  

 

Thank you for your inquiry.  

  

This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case.  

 

Also there has been updates at least 3 times including when they sent me the reply to my email.

I am wondering is there still a chance I get a DS5535 if not am I looking at weeks or months? anyone ever received a 221g with no additional documents required or a DS5535 and how long does it take on average with no DS5535?

 

Good luck to everyone

Hi @Mjuve

My wife and my daughter were in a very similar situation as you. They had their interview (E2 category for their immigration visa) at the consulate in Montreal on July 27th. The office said the same thing as you where the CO couldn't approve their visas because she had to check more information. The CO gave them a white 221G with additional processing marked and kept their passports. When my wife asked the CO, if she will receive an email, the CO said that she could call her if more information was needed and never mentioned anything about DS5355. The CO also told my wife that the process could take up to 3 weeks. Luckily for us, the visas were issued on Aug 1st and we received our passports on Aug 2nd. I hope your case will be sorted out ASAP. 

 

[Ontarkie 14,192]

3 hours ago, APRIL2023 said:

Question - have anyone that had their interview in April and was placed on AP heard back yet? 
 

It has been close to four months and I’m hesitant to file a WOM, in hopes that something will happen over the next month or so. 

Is this regular AP or did they ask for the DS5535? There have been plenty of members with just AP get out of it without having to file a WOM. Not many given DS5535 have been able to get out without the WOM. 

 

1 hour ago, Mjuve said:

Hello people, 

 

I have what it seems like a unique situation which I haven't found much about online. I had my interview for K-1 Fiancé Visa at the consulate in Montreal on June 27th. The officer at the end of the interview said she has couldn't approve me on the spot and will need more work, she then followed by it should take two weeks and she doesn't need any other documents and will contact me if they do she gave me a white 221G with additional processing marked and kept my passport. She never mentioned anything about DS5355 or any questionnaire and I never received a DS5535 or any other requests, I emailed them after 3 weeks to inquire and got a response a week later (July 27th)  

 

Hello,  

 

Thank you for your inquiry.  

  

This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case.  

 

Also there has been updates at least 3 times including when they sent me the reply to my email.

I am wondering is there still a chance I get a DS5535 if not am I looking at weeks or months? anyone ever received a 221g with no additional documents required or a DS5535 and how long does it take on average with no DS5535?

 

Good luck to everyone

Regular AP in Montreal is about 8 weeks or it was give or take. DS5535 has been a deep hole and most only get out with the WOM. It's a sad place for Canada these days. 

[Irish89 44]

Question for our Montreal WOM friends. Has anyone had a motion to dismiss filed against their WOM and what happened following this? We can see on the WOM timeline spreadsheet from 2022 that some people had a motion to dismiss filed against their WOM but were later issued their visas. Would really appreciate anyone on here that could shed some light on this particular circumstance. TIA

[AP_since_May2023 37]

2 minutes ago, Mjuve said:

Hello people, 

 

I have what it seems like a unique situation which I haven't found much about online. I had my interview for K-1 Fiancé Visa at the consulate in Montreal on June 27th. The officer at the end of the interview said she has couldn't approve me on the spot and will need more work, she then followed by it should take two weeks and she doesn't need any other documents and will contact me if they do she gave me a white 221G with additional processing marked and kept my passport. She never mentioned anything about DS5355 or any questionnaire and I never received a DS5535 or any other requests, I emailed them after 3 weeks to inquire and got a response a week later (July 27th)  

 

Hello,  

 

Thank you for your inquiry.  

  

This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case.  

 

I am wondering is there still a chance I get a DS5535 if not am I looking at weeks or months? anyone ever received a 221g with no additional documents required or a DS5535 and how long does it take on average with no DS5535?

 

Good luck to everyone

 

I have seen plenty of folks in this situation unfortunately. They are given the 221g white sheet, even though there are no additional documents required. Then they received DS5535 shortly after via email.