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

[Shades8 36]

Hi everyone. I just did a bit of a read through of this thread to understand what DS-5535 is and now I’m really worried this is going to happen to me. My interview is scheduled for Jan 22 for a CR1 (spouse) and I have 2 red flags that might cause an issue:

1. I used to have an L1A visa, which now is clearly expired and I have a copy of it showing the expiration date 

2. I have to renew  passport before the interview, it expires in March so it wouldn’t be valid for 6 months at the time of the interview.  I plan to bring the old one with me but I wonder if they will make me completely redo my DS 260 because of the new passport. 
 

Sounds like it doesn’t take much for Montreal to hand out a DS5535 so now I’m really worried I’ll get one.  

[Canucklehead 102]

13 hours ago, Ontarkie said:

Depending on when the border guard did this (years ago pre 90's it was actually perfectly legal to do this), or other circumstances. Today entering with the intent to AOS is fraud and this can lead to a lifetime ban.  Please do not do this. 

Also just a note for others, it would not be the first time border guards gave the wrong advice out. They have turned away many members telling them they cannot travel once their paperwork reaches NVC. We all know that is not correct but it happens. 

Glad you said this,because I was also under the assumption that this would constitute fraud. Hence,why my spouse and I went through the CR-1/IR-1 process. Take heed fellow readers and keep following the rules (and unfortunately waiting a massively line time).

[mam521 1,987]

On 11/28/2023 at 5:41 PM, Shades8 said:

Hi everyone. I just did a bit of a read through of this thread to understand what DS-5535 is and now I’m really worried this is going to happen to me. My interview is scheduled for Jan 22 for a CR1 (spouse) and I have 2 red flags that might cause an issue:

1. I used to have an L1A visa, which now is clearly expired and I have a copy of it showing the expiration date 

2. I have to renew  passport before the interview, it expires in March so it wouldn’t be valid for 6 months at the time of the interview.  I plan to bring the old one with me but I wonder if they will make me completely redo my DS 260 because of the new passport. 
 

Sounds like it doesn’t take much for Montreal to hand out a DS5535 so now I’m really worried I’ll get one.  

These aren't red flags.  People have worked on L1 visas before and people have to renew passports all of the time.  

 

Initially, it seemed the DS-5535's were targeted for people who were of a MENA background or had worked there or had a specific education type.  Then, it seemed to turn unto a random number generator.  Elderly parents who'd lived their entire lives on the farm on the Prairies, young children, just...random. 

 

Remember, too, that this thread is people who have come together to share their experiences.  It's a concentrated number of people for a specific reason.  There are plenty of other people who whisk through the process with no issues at all but they aren't here.  

 

Immi is hard.  It's an emotional rollercoaster. But you gotta make sure that you don't get pulled into the hype and try to logic yourself through so you don't set yourself up for failure.  

[haruharu 10]

Does anyone know the longest it took someone to clear from AP? 

[Superluminal 142]

1 hour ago, haruharu said:

Does anyone know the longest it took someone to clear from AP? 

That person is probably still waiting. Probably not healthy to think of it that way. The beauty of our tracker is to see the status of everyone else. For example, there has been basically no change for a few months. Eventually they will get to us and start clearing out a backlog of AP folks.

[Gha 16]

Hi @haruharu I am waiting since October 2022 but they sent me Ds 5535 in March  2023 one more person I remember p3p is waiting since March 2022 

thank you 

Edited December 1, 2023 by Gha

[haruharu 10]

3 minutes ago, Gha said:

Hi @haruharu I am waiting since October 2022 but they sent me Ds 5535 in March  2023 one more person I remember p3p is waiting since March 2022 

thank you 

Okay, thank you! I hope you, p3p, and everyone else here basically gets cleared fast! I was curious to see how lengthy it can be and just be prepared in advance

[Shades8 36]

21 hours ago, mam521 said:

These aren't red flags.  People have worked on L1 visas before and people have to renew passports all of the time.  

 

Initially, it seemed the DS-5535's were targeted for people who were of a MENA background or had worked there or had a specific education type.  Then, it seemed to turn unto a random number generator.  Elderly parents who'd lived their entire lives on the farm on the Prairies, young children, just...random. 

 

Remember, too, that this thread is people who have come together to share their experiences.  It's a concentrated number of people for a specific reason.  There are plenty of other people who whisk through the process with no issues at all but they aren't here.  

 

Immi is hard.  It's an emotional rollercoaster. But you gotta make sure that you don't get pulled into the hype and try to logic yourself through so you don't set yourself up for failure.  

Thank you for that.   I’ve been reading about this whole AP/DS5535 thing and the stories of what people go through just sound horrible.  I feel bad for anyone struggling with this.  
One thing I decided to do to feel prepared just in case, was get my 15 year travel history together.  That’s freaking me

out because I’ve travelled so much.
Thanks again for the reassurance  

[Fayisa 21]

Wow it is really quite in here, i hope everyone see some movment soon.

[haruharu 10]

I feel like we probably won’t hear anything in December due to the holidays. 

[Fayisa 21]

18 minutes ago, Fayisa said:

Wow it is really quite in here, i hope everyone see some movment soon.

Quiet* 

[Leo The Great 133]

1 hour ago, haruharu said:

I feel like we probably won’t hear anything in December due to the holidays. 

 

56 minutes ago, Fayisa said:

Quiet* 

Our case is way behind in queue so just waiting  to hear good news from other members.

Edited December 7, 2023 by Leo The Great

[Daft_Cat 136]

Figured I'd check in here. I'm going for a spousal visa and have been in DS-5535 AP since my interview last February. My interview went fine - all boxes ticked and seemed to have a pretty good rapport with the consulate employee who interviewed me. Suddenly, right as it was time to clear me, she notified me that I'd be getting a few additional questions before a visa could be issued. Her demeanor changed pretty much on a dime and she became noticeably evasive when I pressed for details / timelines (though she did seem to imply that it was a random selection). I'm coming up on a year now, and we've basically had to put all our plans on hold. Career, family-planning, etc. All of it has had to come to a grinding halt while we wait this out. 

 

The DS-5535 itself was a nightmare to complete. I'm in my early-thirties, so I had to reach back all the way to my childhood to cover my travel history. I'm a fairly frequent traveler as well, so you can imagine how difficult this was (though I've never visited any countries in the MENA region, so at least there's that). When it came to the accounts used for payment and exact travel dates etc., I was basically at a complete lost barring the most general info. My parents don't keep those kinds of records, so it was impossible to triangulate that far back. I also attended grad school in the US, which meant I had to go to great care to frame my work history during that period in a way that wouldn't raise any red flags (it was all legal). All in all just a completely deflating experience that shouldn't have been necessary given that I had already cleared the USCIC and NVC portions of the immigration process.

Fortunately, our attorney believes that the nature of our case (and the majority of those placed in AP over the last couple years - seemingly at random) is such that our specific responses to the DS-5535 aren't super relevant to the ultimate outcome of the AP process. As ridiculous as it sounds, it's more of an excuse to keep us, and other unlucky applicants, in an extended holding pattern while they continue to deal with the post-pandemic backlog and capacity shortages. Apparently it is (or was) happening to a fairly sizeable percentage of applicants that interviewed in Montreal throughout 2022 and 2023. 

 

We finally bit the bullet on a WOM in September after a handful of stock replies from the consulate. Our attorney filed through PN where my wife's domicile is listed. We received a request for extension last month, so not a terrible sign at least. It's been radio silence otherwise. Before the request for an extension, the consulate tried to argue that the DS-5535 is equivalent to a "final decision", and no further timeline is owed. Apparently this is a new tactic they're using to try to dismiss. 

Edited December 7, 2023 by Daft_Cat

[ak47 31]

11 minutes ago, Daft_Cat said:

Figured I'd check in here. I'm going for a spousal visa and have been in DS-5535 AP since my interview last February. My interview went fine - all boxes ticked and seemed to have a pretty good rapport with the consulate employee who interviewed me. Suddenly, right as it was time to clear me, she notified me that I'd be getting a few additional questions before a visa could be issued. Her demeanor changed pretty much on a dime and she became noticeably evasive when I pressed for details / timelines (though she did seem to imply that it was a random selection). I'm coming up on a year now, and we've basically had to put all our plans on hold. Career, family-planning, etc. All of it has had to come to a grinding halt while we wait this out. 

 

The DS-5535 itself was a nightmare to complete. I'm in my early-thirties, so I had to reach back all the way to my childhood to cover my travel history. I'm a fairly frequent traveler as well, so you can imagine how difficult this was (though I've never visited any countries in the MENA region, so at least there's that). When it came to the accounts used for payment and exact travel dates etc., I was basically at a complete lost barring the most general info. My parents don't keep those kinds of records, so it was impossible to triangulate that far back. I also attended grad school in the US, which meant I had to go to great care to frame my work history during that period in a way that wouldn't raise any red flags (it was all legal). All in all just a completely deflating experience that shouldn't have been necessary given that I had already cleared the USCIC and NVC portions of the immigration process.

Fortunately, our attorney believes that the nature of our case (and the majority of those placed in AP over the last couple years - seemingly at random) is such that our specific responses to the DS-5535 aren't super relevant to the ultimate outcome of the AP process. As ridiculous as it sounds, it's more of an excuse to keep us, and other unlucky applicants, in an extended holding pattern while they continue to deal with the post-pandemic backlog and capacity shortages. Apparently it is (or was) happening to a fairly sizeable percentage of applicants that interviewed in Montreal throughout 2022 and 2023. 

 

We finally bit the bullet on a WOM in September after a handful of stock replies from the consulate. Our attorney filed through PN where my wife's domicile is listed. We received a request for extension last month, so not a terrible sign at least. It's been radio silence otherwise. Before the request for an extension, the consulate tried to argue that the DS-5535 is equivalent to a "final decision", and no further timeline is owed. Apparently this is a new tactic they're using to try to dismiss. 

Very sad to know this. I am in the same queue waiting since March and will be completing 9 months in the next week. 

 

Totally agree that we are just put on hold.

 

Are you waiting to hear back on WOM ?

[Daft_Cat 136]

Just now, ak47 said:

Very sad to know this. I am in the same queue waiting since March and will be completing 9 months in the next week. 

 

Totally agree that we are just put on hold.

 

Are you waiting to hear back on WOM ?

 

Yeah, pretty much. They requested an extension last month and that will expire around early Jan. Our attorney is actually pretty optimistic (we filed in PA, which seems to have spared us an immediate motion for dismissal), but my wife and I are expecting the worst.