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

[northface 26]

4 hours ago, MAN2023 said:

Clearance received in August. 

 

Thanks very much! Wish you have a wonderful holiday! 

DP is clear 

 

 

[throwitaway 189]

On 12/7/2023 at 11:05 AM, Daft_Cat said:

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. 

Not a new tactic, they’ve been using this argument for years (221g is a final decision claim) when there’s so much precedent that it actually is NOT considered a final decision. Judges have ruled against them on this claim over and over. 

 

If you got an extension request you’ll be issued soon. 

[Daft_Cat 136]

16 hours ago, throwitaway said:

Not a new tactic, they’ve been using this argument for years (221g is a final decision claim) when there’s so much precedent that it actually is NOT considered a final decision. Judges have ruled against them on this claim over and over. 

 

If you got an extension request you’ll be issued soon. 

Here's hoping. Initial extension request was set to end early Jan - just received a second request for a three week extension. Probably more of a holiday capacity thing. 

[Chamin27 1]

So are most people filing WOM these days? Or no?

[coffeetime 4]

Hi all,

 

I had my interview for CR1/IR1 visa last week and unfortunately got 221g and DS5535. The officer returned my passport, marriage certificate, and birth certificate, but they kept the originals of my police certificates. Wondering if that's normally the case? 

[northface 26]

1 hour ago, coffeetime said:

Hi all,

 

I had my interview for CR1/IR1 visa last week and unfortunately got 221g and DS5535. The officer returned my passport, marriage certificate, and birth certificate, but they kept the originals of my police certificates. Wondering if that's normally the case? 

 

It's normal. Police certificate in Canada has valid time ,you can check with Google 

[northface 26]

6 hours ago, Abriel said:

So are most people filing WOM these days? Or no

From my understanding, if those cases that are inconclusive from DOS review should go WOM.Since VO keeps eye on fraud prevention, it hard to prove marriage is true or no, except have a child.  Or how ex ordinary talent have etc. Even further they might challenge birth certificate authentic.

 

Recently in News a senior 70s doctor was found his father was a foreign diplomat when he was born in US ,so his US citizenship revoked. By law for diplomat's children born in US, no citizenship automatically gained. 

[BramptonDesi 2]

Just came across this thread, as we are in the same process now.

Interviewed(Montreal) on July 20, 2023. Refused but asked to provide the following 

1. DS-5535(via MS Forms) - Submitted July 20th, no receipt/acknowledgement that was it submitted. Is this normal?

2. Police Certificate - We just had the wrong one at the time of the interview. Re-sent Dec 6, 2023

3. Proof of Domicile - Gathered more than what was provided already. Re-sent Dec 6, 2023

4. Passport- Due to the travelling nature of my job only downtime I have is during holidays so waited to Resend Dec 6, 2023

 

Last update Dec 19th-Refused. Hoping to see the light at the end of this dark tunnel. 

Does anyone know how long they usually keep the passport with them?

Edited December 20, 2023 by BramptonDesi

[Daft_Cat 136]

22 minutes ago, BramptonDesi said:

Just came across this thread, as we are in the same process now.

Interviewed(Montreal) on July 20, 2023. Refused but asked to provide the following 

1. DS-5535(via MS Forms) - Submitted July 20th, no receipt/acknowledgement that was it submitted. Is this normal?

2. Police Certificate - We just had the wrong one at the time of the interview. Re-sent Dec 6, 2023

3. Proof of Domicile - Gathered more than what was provided already. Re-sent Dec 6, 2023

4. Passport- Due to the travelling nature of my job only downtime I have is during holidays so waited to Resend Dec 6, 2023

 

Last update Dec 19th-Refused. Hoping to see the light at the end of this dark tunnel. 

Does anyone know how long they usually keep the passport with them?

 

Were you contacted to provide a new police certificate & additional proof of domicile recently? Why the gap between the DS-5535 and the additional document submission? Were you asked to send your passport with your DS-5535 last summer? If so, that sounds like a unique combo to me.

 

Someone correct me if I'm wrong, but I believe the more common series of events is that all conditions for the green card are satisfied at the interview, and the refusal pertains only to the need to fill out a DS-5535 (with the request for your passport coming through only once AP is complete).  In your case, it sounds like maybe there were additional (or slightly different) conditions? 

Alternatively, if the consulate only asked you for refreshed documentation in the last month or so, it's possible they're about to clear you. I think typically applicants with a DS-5535 are asked for a new medical prior to being asked for their passport, so that could be a possibility... though I can't recall if anyone else on this forum has reported being asked for documentation (other than a medical) that was otherwise cleared at the interview.

Edited December 20, 2023 by Daft_Cat

[BramptonDesi 2]

7 minutes ago, Daft_Cat said:

 

Were you contacted to provide a new police certificate & additional proof of domicile recently? Why the gap between the DS-5535 and the additional document submission? Were you asked to send your passport with your DS-5535 last summer? If so, that sounds like a unique combo to me.

 

Someone correct me if I'm wrong, but I believe the more common series of events is that all conditions for the green card are satisfied at the interview, and the refusal pertains only to the need to fill out a DS-5535 (with the request for your passport coming through only once AP is complete).  In your case, it sounds like maybe there were additional (or slightly different) conditions? 

Alternatively, if the consulate only asked you for refreshed documentation in the last month or so, it's possible they're about to clear you. I think typically applicants with a DS-5535 are asked for a new medical prior to being asked for their passport, so that could be a possibility... though I can't recall if anyone else on this forum has reported being asked for documentation (other than a medical) that was otherwise cleared at the interview.

No, all the documents were requested back on July 20th.
Police Certificate i was able to get that in 2 weeks from RCMP

Proof of Domicile i had more to provide right away

My passport was the only one i wasn't ready to surrender, as I travel to the USA very frequently for work. So finally i found a dead spot in my schedule where I can afford not to travel for 6-8 weeks. 

 

[northface 26]

1 hour ago, BramptonDesi said:

No, all the documents were requested back on July 20th.
Police Certificate i was able to get that in 2 weeks from RCMP

Proof of Domicile i had more to provide right away

My passport was the only one i wasn't ready to surrender, as I travel to the USA very frequently for work. So finally i found a dead spot in my schedule where I can afford not to travel for 6-8 weeks. 

 

 

 

You might view Page 172 of this thread, one brother man2023 posted that his passport sent in to MTL September and got it back December...

[Daft_Cat 136]

1 hour ago, BramptonDesi said:

No, all the documents were requested back on July 20th.
Police Certificate i was able to get that in 2 weeks from RCMP

Proof of Domicile i had more to provide right away

My passport was the only one i wasn't ready to surrender, as I travel to the USA very frequently for work. So finally i found a dead spot in my schedule where I can afford not to travel for 6-8 weeks. 

 

 

So it sounds like there are a few unique things here. 

One - it sounds like you weren't able to satisfy the domicile requirements during the interview. Whether or not the newly provided information will be enough doesn't pertain to the DS-5535. I believe those are completely separate processes. I would imagine however, that if you only provided the updated domicile info a couple of weeks ago, it will take time to process (a good rule of thumb for the amount of time required for the consulate to process pretty much anything seems to be months, not days or weeks).

 

Two - on the DS-5535, generally, the passport is not requested until after administrative processing is complete for the sole reason that it can take months or even upwards of a year (I'm personally past the 10 month point and still radio silence). If you've sent them your passport now, and haven't yet heard that your AP has cleared, you're risking them keeping it for an extended period of time. If you're a frequent traveler, and need it, you might thinking about asking for it back.

Having said that, you mentioned that they asked for it in July, despite the fact that you were also being placed in AP. This is strange to me and doesn't seem to align with other posters here. Maybe you'll be cleared faster since they asked for both concurrently?

Edited December 20, 2023 by Daft_Cat

[Gha 16]

Hi

one of the member of this form embassy asked passport and police certificate in March .his wife had interview in feb 2023. but he submitted in September and till right now they are waiting new medical 

thank you 

[coffeetime 4]

It's disheartening to see limited progress... but I hope at least some of us will have some good news by the end of the year! 

[APRIL2023 52]

10 hours ago, BramptonDesi said:

Just came across this thread, as we are in the same process now.

Interviewed(Montreal) on July 20, 2023. Refused but asked to provide the following 

1. DS-5535(via MS Forms) - Submitted July 20th, no receipt/acknowledgement that was it submitted. Is this normal?

2. Police Certificate - We just had the wrong one at the time of the interview. Re-sent Dec 6, 2023

3. Proof of Domicile - Gathered more than what was provided already. Re-sent Dec 6, 2023

4. Passport- Due to the travelling nature of my job only downtime I have is during holidays so waited to Resend Dec 6, 2023

 

Last update Dec 19th-Refused. Hoping to see the light at the end of this dark tunnel. 

Does anyone know how long they usually keep the passport with them?

Did u receive request to submit documents in December? My interview was in April. I had to submit ds5535 and the proper police certificate. I was also told to hold off on sending my police certificate (and passport) until the consulate reaches out, which is when all my APs checks are completed. If they request for your passport then the wait shouldn’t be that much longer?