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

[ShawnK 82]

Hello just a heads up for everyone, just consulted with lawyer who handles these cases, when asking about timelines  was told more and more the US attorney is starting to fight back with motion to dismiss, after asking for multiple extensions.

 

This delays things. This is a new trend they are seeing this summer. Just keep this in mind. It seems now it won't be  easy to just get an approval with WOM.

 

Very depressing.

[ajxl888 38]

On 8/8/2023 at 6:09 PM, 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. 

 

Hey There,

 

Had my interview April 13th and still waiting on my side.  Just at a loss at this point.  Last case update was July 5th.

[Jvisa 4]

On 8/17/2023 at 8:58 AM, ShawnK said:

Hello just a heads up for everyone, just consulted with lawyer who handles these cases, when asking about timelines  was told more and more the US attorney is starting to fight back with motion to dismiss, after asking for multiple extensions.

 

This delays things. This is a new trend they are seeing this summer. Just keep this in mind. It seems now it won't be  easy to just get an approval with WOM.

 

Very depressing.

Unfortunately it is true.

[anotheronewaiting 7]

Hi,

 

New to this dreaded journey. NOA1 for I-129F on 10/4/21. Already had delays from an RFE for further information to prove a bona fide intent to marry before NOA2. We waited over a month for interview dates to pop up, and were able to book an interview one week prior to our interview date. Because of this, our medical did not arrive in time (they sent it 1 day after the interview....) Because of this, we got a 221g for medical and were told to fill out an email questionnaire to "avoid delays". Our email was labeled DS5535. Our case has been updated the day of the interview, still stating "ready", and the day after the interview when they received our medical results it was updated and still says "ready". They kept my fiance's passport at the end of his interview. So the waiting begins.

 

Now I am trying to figure out what to do next. I am in the process of finding a lawyer to seek legal input, but would appreciate any advice from others who have recently (late 2022/2023) been in the same boat. I hate being sent into uncertainty after waiting so long. We did not know it was possible to get stuck in an endless cycle at the last stage before getting married. Our wedding is supposed to be planned for the end of October 2023. I am devastated to see the degree of delays, knowing it will impact our wedding date after we were so excited to finalize everything when we got our interview date. We let everyone know with the delays it would be a stretch, but we were really hopeful to make this happen so my fiance's grandmother (90 years old) could make it to the wedding.

 

After reading through the recent entries here, it sounds like it is rarely processed within 60 days, but that is the supposed time frame before anyone is willing to take legal action. Has anyone ever dropped their K1, got married, and started over filing for a CR1/I130? I am even contemplating dropping the whole visa and moving to Canada instead.. I am a medical professional so I could use that to my advantage, but that was one of the main reasons we wanted to settle in the US (did not want to take another licensure exam, language barrier would prevent me from using my degree in Quebec and we both live along the Canadian border in QC/NY).

 

With all of that said, I would like to give everyone here a virtual hug. What a process to be able to live with our loved ones.

[AP_since_May2023 37]

17 hours ago, anotheronewaiting said:

Hi,

 

New to this dreaded journey. NOA1 for I-129F on 10/4/21. Already had delays from an RFE for further information to prove a bona fide intent to marry before NOA2. We waited over a month for interview dates to pop up, and were able to book an interview one week prior to our interview date. Because of this, our medical did not arrive in time (they sent it 1 day after the interview....) Because of this, we got a 221g for medical and were told to fill out an email questionnaire to "avoid delays". Our email was labeled DS5535. Our case has been updated the day of the interview, still stating "ready", and the day after the interview when they received our medical results it was updated and still says "ready". They kept my fiance's passport at the end of his interview. So the waiting begins.

 

Now I am trying to figure out what to do next. I am in the process of finding a lawyer to seek legal input, but would appreciate any advice from others who have recently (late 2022/2023) been in the same boat. I hate being sent into uncertainty after waiting so long. We did not know it was possible to get stuck in an endless cycle at the last stage before getting married. Our wedding is supposed to be planned for the end of October 2023. I am devastated to see the degree of delays, knowing it will impact our wedding date after we were so excited to finalize everything when we got our interview date. We let everyone know with the delays it would be a stretch, but we were really hopeful to make this happen so my fiance's grandmother (90 years old) could make it to the wedding.

 

After reading through the recent entries here, it sounds like it is rarely processed within 60 days, but that is the supposed time frame before anyone is willing to take legal action. Has anyone ever dropped their K1, got married, and started over filing for a CR1/I130? I am even contemplating dropping the whole visa and moving to Canada instead.. I am a medical professional so I could use that to my advantage, but that was one of the main reasons we wanted to settle in the US (did not want to take another licensure exam, language barrier would prevent me from using my degree in Quebec and we both live along the Canadian border in QC/NY).

 

With all of that said, I would like to give everyone here a virtual hug. What a process to be able to live with our loved ones.

 

If you received DS-5535, then I wouldn't be optimistic about getting processed within 60 days. I don't think there are any DS-5535 cases that have resolved before 60 days (even with WOM). 

 

Can you move to Ontario? I believe that US-trained physicians can practice in Ontario without having to write other exams. https://www.cpso.on.ca/en/Physicians/Registration/Registration-Policies/Alternative-Pathways-to-Registration

[anotheronewaiting 7]

2 hours ago, SGtoMurica said:

 

If you received DS-5535, then I wouldn't be optimistic about getting processed within 60 days. I don't think there are any DS-5535 cases that have resolved before 60 days (even with WOM). 

 

Can you move to Ontario? I believe that US-trained physicians can practice in Ontario without having to write other exams. https://www.cpso.on.ca/en/Physicians/Registration/Registration-Policies/Alternative-Pathways-to-Registration

 

Has anyone filed a WOM before the 60 day mark? I've read through about 30 pages of this and checked a couple of the google docs but it gets depressing to keep reading... Hopefully when next week rolls around I can consult with some of the popular lawyers mentioned here, and see what options we have moving forward. I appreciate the information, but I am a licensed doctor of physical therapy in the United States. I only read into it years ago (pre-pandemic) but transferring my license would be costly and they made it seem like I would have to take courses again to practice there (might have been Quebec specifically though). But at this point I've accepted that I'll probably have to dump thousands of dollars into a lawsuit to get our case over with anyway... such a flawed system.

[ALC 61]

16 minutes ago, anotheronewaiting said:

 

Has anyone filed a WOM before the 60 day mark? I've read through about 30 pages of this and checked a couple of the google docs but it gets depressing to keep reading... Hopefully when next week rolls around I can consult with some of the popular lawyers mentioned here, and see what options we have moving forward. I appreciate the information, but I am a licensed doctor of physical therapy in the United States. I only read into it years ago (pre-pandemic) but transferring my license would be costly and they made it seem like I would have to take courses again to practice there (might have been Quebec specifically though). But at this point I've accepted that I'll probably have to dump thousands of dollars into a lawsuit to get our case over with anyway... such a flawed system.

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... 

 

Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being.

 

Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all? 

Edited August 20, 2023 by ALC

[AP_since_May2023 37]

5 minutes ago, ALC said:

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... 

 

Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being.

 

Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all? 

 

The K1 visa specifically is for fiancee. The plan is to get married within 90 days of arriving in the US.

 

Once they are married, they would have to file under IR1/CR1 instead.

[AP_since_May2023 37]

21 minutes ago, anotheronewaiting said:

 

Has anyone filed a WOM before the 60 day mark? I've read through about 30 pages of this and checked a couple of the google docs but it gets depressing to keep reading... Hopefully when next week rolls around I can consult with some of the popular lawyers mentioned here, and see what options we have moving forward. I appreciate the information, but I am a licensed doctor of physical therapy in the United States. I only read into it years ago (pre-pandemic) but transferring my license would be costly and they made it seem like I would have to take courses again to practice there (might have been Quebec specifically though). But at this point I've accepted that I'll probably have to dump thousands of dollars into a lawsuit to get our case over with anyway... such a flawed system.

 

Yes, there have been folks who filed WOM before 60 days mark but not many. I believe those are mostly iranians, since they already expect to undergo AP even before being placed in AP.

[anotheronewaiting 7]

4 minutes ago, ALC said:

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... 

 

Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being.

 

Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all? 

Oh, interesting.. I wish they were transparent about the processing rather than telling us to fill out an email questionnaire and nothing else lol. I am grateful that everyone has been able to share their experiences so we do not get stuck waiting even longer- it has already been nearly two years and we haven't even finished our K1 yet. Adjustment of status to get a green card comes afterward, so another year of waiting by the sound of it.

 

My fiancé lives in QC and I live in upstate NY and practice here. We are able to see each other often now that the pandemic has calmed down and I am finished with my schooling, so I know we could have it much worse. I did not think we could legally get married before filing for a K1, and it wasn't until we waited over a year (original processing time was 5-7 months when we filed) we saw that people could get married and file other visas that process a lot faster than ours. It is all hindsight now though. And it sounds like once we get a DS5535, we will get one again if we file for anything else (I could be wrong though, since there really isn't much transparency from the governments behalf on this..). 

[throwitaway 190]

11 minutes ago, anotheronewaiting said:

And it sounds like once we get a DS5535, we will get one again if we file for anything else (I could be wrong though, since there really isn't much transparency from the governments behalf on this..). 

Yes, future filings through DOS are more likely to trigger another DS5535, but if you are coming on a K1 you don’t usually go through DOS again. Your adjustment later would be with USCIS, who don’t use that form.

[LYV 63]

Just a reminder for anyone who hasn't yet. Could you please add your case to our group excel sheet here. It’s helpful for people to see where everyone is at in the process, especially as they start getting through.

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit

[anotheronewaiting 7]

Just now, throwitaway said:

Yes, future filings through DOS are more likely to trigger another DS5535, but if you are coming on a K1 you don’t usually go through DOS again. Your adjustment later would be with USCIS, who don’t use that form.

That is really helpful to know! I was fearful that it would trigger again some point later on, even though our case is straightforward. We will figure something out to get through this, hopefully not taking too much longer.. The only new information they have from the DS5535 is the rest of my fiance's travel history. It's a shame to think it will take months sitting on someone's desk to process something so simple and pointless, but that is the common theme for this thread I suppose! After this is said and done, I am going to see what more I can do to advocate for a better legal immigration system. We really don't deserve to deal with this.

[Nbc16 3]

Has anybody emailed the consulate lately? I emailed them twice and never got that usual automatic reply which is odd…

[Ds553513 16]

Hi

@Nbc16 I mailed them 3 time .last month 2 time and this month 1 month 1 time but I did not get any response 

thank you