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

[ShawnK 82]

So after researching this a bit more, if you do need to file a WOM, it's DC and Maryland that you want to avoid. The DC area seems to give more dismissals, something to discuss with your lawyer. 

 

 

Edited October 8, 2023 by ShawnK

[throwitaway 190]

3 hours ago, ShawnK said:

So after researching this a bit more, if you do need to file a WOM, it's DC and Maryland that you want to avoid. The DC area seems to give more dismissals, something to discuss with your lawyer. 

 

 

Choice of venue isn’t so simple - many going through consular processing must file in DC as they have no ties to another state. If you file in a state you lack ties to, your case may be transferred (added delays) or at worst dismissed. This is the reason DC in particular is busy - because it’s the appropriate venue for DOS suits. 

 

Maryland is also busy because it’s where USCIS is HQ’d - but only a specific set of plaintiffs can file there - likely not any Montreal peeps as they need to sue DOS, not USCIS, unless they have existing ties to Maryland. 

Edited October 8, 2023 by throwitaway

[Superluminal 146]

For what its worth, we filed our WoM in Northern Illinois since my wife lives outside of Chicago and we just got a motion to dismiss. I'm hoping we can connect with our lawyer on Monday.

[ShawnK 82]

1 hour ago, Superluminal said:

For what its worth, we filed our WoM in Northern Illinois since my wife lives outside of Chicago and we just got a motion to dismiss. I'm hoping we can connect with our lawyer on Monday.

Very unfortunate. They seem to be giving these out like hotcakes. It's odd they would rather fight than just spend 30 min and adjudicate. 

 

 

 

 

 

Edited October 8, 2023 by ShawnK

[Niccie 12]

6 hours ago, Superluminal said:

For what its worth, we filed our WoM in Northern Illinois since my wife lives outside of Chicago and we just got a motion to dismiss. I'm hoping we can connect with our lawyer on Monday.

Do you mind sharing why you think they dismissed? Did you file too early? I just got my extension (filed in NJ after 3 months in AP making it 5 months total) and I’m terrified!!

Edited October 9, 2023 by Niccie

[Superluminal 146]

9 hours ago, Niccie said:

Do you mind sharing why you think they dismissed? Did you file too early? I just got my extension (filed in NJ after 3 months in AP making it 5 months total) and I’m terrified!!

Not sure at this point. Hoping to find out later today. We filed at 90 days, so you and I are very close I guess. If you could check out here https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0 you could see my progress. Please add yourself as well. I'll second what was said earlier, the only comforting thing is knowing others are going through this and we aren't alone.

[Niccie 12]

5 hours ago, Superluminal said:

Not sure at this point. Hoping to find out later today. We filed at 90 days, so you and I are very close I guess. If you could check out here https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0 you could see my progress. Please add yourself as well. I'll second what was said earlier, the only comforting thing is knowing others are going through this and we aren't alone.

Thank you, I’ll make sure to add myself. I just saw yours and our dates are very close! My interview was April 26. Also, what embassy and what country are you from?

[Superluminal 146]

3 minutes ago, Niccie said:

Thank you, I’ll make sure to add myself. I just saw yours and our dates are very close! My interview was April 26. Also, what embassy and what country are you from?

This forum is only for Canada consular applications. All of us have to go through Montreal.

Edited October 9, 2023 by Superluminal

[Niccie 12]

7 hours ago, Superluminal said:

This forum is only for Canada consular applications. All of us have to go through Montreal.

Oh, my bad. I didn’t even notice that

[Darkknight574 1]

Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

[Ontarkie 14,218]

1 hour ago, Darkknight574 said:

Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

Many have visited. Just be clear and honest if asked. 

[LYV 63]

5 hours ago, Darkknight574 said:

Hi Guys,

 

I'm a Canadian Citizen and got approved for EB2-NIW a while ago. My interview was last week of July and I submitted my DS5535 on the first week of August. I got one update on end of August and no change since then.

I'm planning to attend a conference in US next month and wanted to get your opinion on this topic. Can I visit US as a visitor with my Canadian passport, while waiting for my immigration visa and DS5535? Are they going to ask me questions regarding my immigration file at the boarder?

Thanks for your help.  

I’ve had no problem at all entering. They’ve never asked once during any part of the process. I’ve gone back and forth several times.

[Darkknight574 1]

7 minutes ago, LYV said:

I’ve had no problem at all entering. They’ve never asked once during any part of the process. I’ve gone back and forth several times.

That was helpful. Tnx. I went back and forth several times myself before DS5535. But now my visa status is changed to “Refused” I thought maybe they start asking questions. 

[Superluminal 146]

7 hours ago, Darkknight574 said:

That was helpful. Tnx. I went back and forth several times myself before DS5535. But now my visa status is changed to “Refused” I thought maybe they start asking questions. 

I will add onto this to say I have also have had no issue going back and forth since getting the DS 5535. I do have Nexus though so I generally get through a bit easier because of the voluntary pre-screening I went through years ago.

 

I've been pushing our tracker a lot as I've found knowing others are in the same boat has been the only comforting aspect of the whole ordeal. Please consider adding yourself to the tracker:

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

[APRIL2023 59]

18 hours ago, Darkknight574 said:

That was helpful. Tnx. I went back and forth several times myself before DS5535. But now my visa status is changed to “Refused” I thought maybe they start asking questions. 

Just have to answer whatever is asked. Keep it simple. Make sure you have your return flight details handy because they will ask you. They want to make sure that your intension is to return to Canada and not stay in US.