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

[haruharu 10]

5 minutes ago, ak47 said:

Mine was in mid June when I sent them an email. Earlier the date got updated when they responded to my email but now the date doesn't even update if they respond. 

 

Also.my.last email to them was on Sept 20 when I completed 6 months but still no response. 

They also didn’t reply to my email which I sent early September whereas previously they would send a response in ~2 weeks time. They did, however, respond to my husband’s congressmen who inquired on our case. The response to him was their standard generic reply. Currently at 206 days post interview. We also consulted with PIC lawyers but were told, as others mentioned already, judges are a lot more strict and he referenced the case where WOM was denied in spite of it having been 16-18 months after the interview citing that this was not a long duration. 

[SEP-27-DS_5535 33]

42 minutes ago, haruharu said:

They also didn’t reply to my email which I sent early September whereas previously they would send a response in ~2 weeks time. They did, however, respond to my husband’s congressmen who inquired on our case. The response to him was their standard generic reply. Currently at 206 days post interview. We also consulted with PIC lawyers but were told, as others mentioned already, judges are a lot more strict and he referenced the case where WOM was denied in spite of it having been 16-18 months after the interview citing that this was not a long duration. 

Does your husband had a lot of travel history? Also, would you mind sharing what’s the background of your husband, educational and backhome ties with any MENA countries or India, Pakistan? Just trying to see the pattern of this drastic DS-5535. Thank you 

[ShawnK 82]

1 hour ago, haruharu said:

They also didn’t reply to my email which I sent early September whereas previously they would send a response in ~2 weeks time. They did, however, respond to my husband’s congressmen who inquired on our case. The response to him was their standard generic reply. Currently at 206 days post interview. We also consulted with PIC lawyers but were told, as others mentioned already, judges are a lot more strict and he referenced the case where WOM was denied in spite of it having been 16-18 months after the interview citing that this was not a long duration. 

 

You may also file in the state where your spouse lives, if you look on pacer, other districts (especially California,  Texas, NY) don't really waste time fighting these cases. DC is a very tough district, avoid filing there if you can.

 

I think for many WOM is the only way out, even after a year they aren't required to finish processing you. They can keep this going forever.

 

 

 

Edited October 26, 2023 by ShawnK

[ShawnK 82]

27 minutes ago, Ahmad0606 said:

Does your husband had a lot of travel history? Also, would you mind sharing what’s the background of your husband, educational and backhome ties with any MENA countries or India, Pakistan? Just trying to see the pattern of this drastic DS-5535. Thank you 

 

Anyone can get it, however,  more likey if you have an Islamic name or born in/travel to Islamic countries. Any Middle East country , especially Iran/Iraq almost always = endless admin processing,  Pakistan, Afghanistan...yep you will be in admin processing for a long long time. Somalia too. Basically they want to discourage folks from certain backgrounds. They don't care if you are a Canadian citizen, they look at your background. 

 

Also, I think Canada has a reputation for being more lenient on immigration, letting in people the US wouldn't,  so I think that is a factor as to why they are so strict. 

 

 

You won't just waltz your way to a  greencard, the United States is the greatest, richest and most powerul nation to ever exist, top bond and capital markets. Immense power. They will make you really earn that greencard.

 

 

Edited October 26, 2023 by ShawnK

[Dana.L 12]

Today marks 10 weeks since interview and 8 weeks since we sent in 221g additional documents... 

Has anyone been approved after a 221g recently? How long did it take to hear back from the consulate? 

 

We had the "wrong birth certificate".... I hate to think he would be here with me right now if we had the right one on interview day. 

[haruharu 10]

31 minutes ago, ShawnK said:

 

You may also file in the state where your spouse lives, if you look on pacer, other districts (especially California,  Texas, NY) don't really waste time fighting these cases. DC is a very tough district, avoid filing there if you can.

 

I think for many WOM is the only way out, even after a year they aren't required to finish processing you. They can keep this going forever.

 

 

 

Unfortunately, we are in the DMV area so it would go to DC or Virginia which is also known to be tough. 

[mam521 2,113]

1 hour ago, ShawnK said:

Also, I think Canada has a reputation for being more lenient on immigration, letting in people the US wouldn't,  so I think that is a factor as to why they are so strict. 

I don't think you're completely off the mark here.  There appears to be a good number of people who seem to use Canada and the ease of obtaining Canadian PR and citizenship as a gateway to the US. 

[ShawnK 82]

6 hours ago, mam521 said:

I don't think you're completely off the mark here.  There appears to be a good number of people who seem to use Canada and the ease of obtaining Canadian PR and citizenship as a gateway to the US. 

The CBC just had a story on it, tech folks from Bombay appalled at the cost of the living/low pay, high taxes in Canada etc..in the story it specifically mentioned people sticking around so they could become a citizen and get a TN in the US, where there were much better opportunities to grow their career and buy homes.

 

This is a well-known thing in certain communities, probably since the 90s.

 

People give the US a lot of criticism,  but it is the place to be. 

 

 

7 hours ago, haruharu said:

Unfortunately, we are in the DMV area so it would go to DC or Virginia which is also known to be tough. 

So did the lawyer suggest you just wait? At least he is honest.

[ShawnK 82]

9 hours ago, Superluminal said:

Maybe because you are at the 6 month milestone? It says on their website to not even reach out to them until at least 6 months. The March - May AP people are getting close to hearing back I think.

 

Do you mind adding yourself to:https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0. I find it useful to see where I am relative to everyone else. 

What happened with the WOM? It's appalling to see so many on the list who have filed WOMs.and have no relief. 

[Superluminal 146]

16 hours ago, ShawnK said:

What happened with the WOM? It's appalling to see so many on the list who have filed WOMs.and have no relief. 

Motion to Dismiss. Basically the argument is I have not waited long enough for a WoM to be justifiable. Our lawyer felt we could fight it but given how Montreal stonewalls everyone, we're just not sure if it is worth it. Going into the WoM, it looked like it was helping others a lot, but it does seem they are pushing back quite a bit. In the end, the WoM didn't do anything for ~$5000, but at least we tried.

[Darkknight574 1]

How long did you wait before submitting your WoM? How long is long enough for the Montreal office?

[Nbc16 3]

15 minutes ago, Superluminal said:

Motion to Dismiss. Basically the argument is I have not waited long enough for a WoM to be justifiable. Our lawyer felt we could fight it but given how Montreal stonewalls everyone, we're just not sure if it is worth it. Going into the WoM, it looked like it was helping others a lot, but it does seem they are pushing back quite a bit. In the end, the WoM didn't do anything for ~$5000, but at least we tried.

Which district did you file from?

[Leo The Great 141]

24 minutes ago, Superluminal said:

Motion to Dismiss. Basically the argument is I have not waited long enough for a WoM to be justifiable. Our lawyer felt we could fight it but given how Montreal stonewalls everyone, we're just not sure if it is worth it. Going into the WoM, it looked like it was helping others a lot, but it does seem they are pushing back quite a bit. In the end, the WoM didn't do anything for ~$5000, but at least we tried.

 It appears from spreadsheet you filed exactly after 90 days. What should be the reasonable time to file WOM in case your lawyer talked about that given current situation when govt is fighting WOM in some districts?

MTL ask you to wait for 6 months before sending any inquiry. 

Edited October 27, 2023 by Leo The Great

[Superluminal 146]

1 minute ago, Nbc16 said:

Which district did you file from?

We filed out of Illinois since that is where my wife lives. We were told we are the first (perhaps for our lawyer) who went right to Motion to Dismiss (not even an extension) from outside of DC. We filed shortly after 90 days.

 

9 minutes ago, Darkknight574 said:

How long did you wait before submitting your WoM? How long is long enough for the Montreal office?

I don't think anyone knows. One of the landmark cases that the US Attorney's are using was a scenario where the WoM was denied after 1.5 years (I think).

 

My current thinking on the AP crises we are all in is that, for IR1/CR1 greencards, it takes around 180 - 300 days to be asked for a 2nd medical / return your passport. Looking at the tracker, that seems to be the case. My approach will be to monitor the tracker and if I don't clear our around the same time as my peers (you folks), we may consider filing another WoM. Based on the worstcase IR1/CR1 example in the current tracker, I am hoping to hear back before Janurary. But a huge chunk of us could hear back any day now.

[niloo 2]

We sent an email 2 weeks ago didn't get any response, so sent another one 5 days ago. I'm on my 7th week, after sending back my passport with joint sponsor documents. Do not know what to do.

I changed my location to my friend's house. Don't know if they want to see the same address on my ID as well. 🤔🤔