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

[BramptonDesi 14]

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 14]

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 30]

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

[Ds553513 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 15]

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 59]

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? 

[APRIL2023 59]

5 minutes ago, APRIL2023 said:

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? 

Sorry just saw others posting the same question! 
 

this is strange because you would think that the NVC would have ensure all documents are good and wouldn’t need any further documents post interview. Like my police check or your proof of domicile. I’d always ponder if my improper police certificate had placed me on AP…

[AP_since_May2023 37]

18 hours ago, APRIL2023 said:

Sorry just saw others posting the same question! 
 

this is strange because you would think that the NVC would have ensure all documents are good and wouldn’t need any further documents post interview. Like my police check or your proof of domicile. I’d always ponder if my improper police certificate had placed me on AP…

I agree.

 

AP for anything should take place BEFORE the consular interview, not AFTER. 

[AP_since_May2023 37]

On 12/19/2023 at 10:57 PM, northface said:

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. 

 

That doctor is a different case. He should have never gotten it in the first place. As a diplomat, they are perfectly aware of their responsibilities but chose not to correct the mistake given that it was to their advantage. 

[CondorMantis 2]

Has anyone considered filing for adjustment of status I-485 while their IV is stuck is AP/DS-5535? I was told by a lawyer that will not lead to withdrawing your immigrant visa application

[haruharu 10]

13 minutes ago, CondorMantis said:

Has anyone considered filing for adjustment of status I-485 while their IV is stuck is AP/DS-5535? I was told by a lawyer that will not lead to withdrawing your immigrant visa application

Some say you have to withdraw it before as in AOS it asks if you have any previous applications and their status. 

[CondorMantis 2]

I just got a response from a different immigration attorney and was told that by filing for AOS, my immigrant visa will be considered withdrawn. It is confusing when two lawyers give contradicting information. 

[Bestbest7 9]

Hi everyone,

 

My case has been on administrative processing for almost 12 months. My interview was January 3rd 2023 and was given 221g and DS5535. But finally got a letter in the mail to send in my passport December 10 

just wandering how soon will they process the visa and return my passport since I have to go see wife and kids for Christmas holidays.

your feedback will be appreciated .