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

[APRIL2023 59]

2 hours ago, SGtoMurica said:

 

Why don't you consider doing I-485 since you're already in the US?

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

Edited January 2 by APRIL2023

[AP_since_May2023 37]

6 hours ago, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

 

Because you are married to a US Citizen, you will never be denied entry forever.

 

There are plenty of illegals who are in the US unlawfully, who married a US citizen, and all of their past immigration violations/crimes are forgiven.

 

But I understand where you are coming from.

[northface 30]

On 12/31/2023 at 4:31 PM, SGtoMurica said:

I don't see too many IVs on that website. Where did you find the information about most AP for IVs clearing in 3 months? My understanding is that most APs have been taking almost 6+ months since 2022.

 

From ***REMOVED*** immigration forum , exactly one IR1 case with DS5535,cleared in 3 months at MTL in 2022. 

   I suggest if you have time , might read meeting briefs of DOS consular unit speaker with AILIA under Visa News,@ travel.dos.gov web site , very informative 😄

    

 

Edited January 3 by Crazy Cat

[Nadzz 5]

On 1/2/2024 at 2:14 PM, APRIL2023 said:

For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP,  I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. 
 

Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER. 

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

[Crazy Cat 41,985]

32 minutes ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

A person cannot enter the US as a visitor with the intent to stay and adjust status.  Adjustment of status via an I-485 is not available to anyone currently outside the US (except for a K-1).

Edited January 3 by Crazy Cat

[Crazy Cat 41,985]

***One comment edited by VJ Moderation to remove an unapproved link****

[CondorMantis 2]

1 minute ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

[Crazy Cat 41,985]

7 minutes ago, CondorMantis said:

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

Where is the beneficiary for your case right now?

Edited January 3 by Crazy Cat

[CondorMantis 2]

1 minute ago, Crazy Cat said:

Where is the beneficiary right now?

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

[Crazy Cat 41,985]

Just now, CondorMantis said:

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

Thanks for the info. 

[Darkknight574 1]

26 minutes ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

The fraud comment is mentioned by others in this forum before too. It seems many lawyers advised their clients not to apply for AOS while waiting for their AP result. It would be interesting to see your result. Plz update us. Do you know the current waiting time for AOS ?

[APRIL2023 59]

58 minutes ago, CondorMantis said:

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

Going though AOS through H1B would make sense given the dual intent nature. I am in the states as a visitor (B1), which is why my lawyer would advise against it. 

[Ontarkie 14,321]

1 hour ago, CondorMantis said:

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

Yes it will be considered abandoned. You start from scratch by doing. AOS. 

 

Also for those that have changed direction please make your way to the AOS forum and not disrupt this thread further. 

[Ontarkie 14,321]

1 hour ago, Darkknight574 said:

The fraud comment is mentioned by others in this forum before too. It seems many lawyers advised their clients not to apply for AOS while waiting for their AP result. It would be interesting to see your result. Plz update us. Do you know the current waiting time for AOS ?

Just saw a post that approval took 1.5yrs. 

Ead and AP was about 6-8 months and I've seen it mentioned it is getting longer. 

[ShawnK 82]

I keep overthinking some of my ds5535 responses and was wondering, would it be a red flag if you haven't listed any of the major social media sites? 

 

I simply deleted mine long ago (over 10 years ago) for personal and privacy reasons. I'm a millennial and it's rare not to have FB/Instagram etc..but I honestly don't and was wondering if that would delay my AP process?