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

[throwitaway 190]

5 hours ago, BatmanFlow said:

 

I think it’s worth waiting for clarification 

 

but if it helps, for my mom it didn’t add any Additional processing time. I had to add and delete trips within 5 years and update that her spouse lived in US. Got her visa within 4 weeks of submitting docs back to them. 
 

but I highly suggest you get the RCMP police check again. It’s for sure going to be required and waiting time for that is 2-3 weeks. Get it asap and you’ll save some valuable time  

Good catch! 

[bobobobobo 31]

Hey guys, good news, today the status changed from "application received" to "Approved"-- i'm just a little bit  nervous about it since I've seen the others said theirs said "Issued" instead? Should I be waiting for that instead?

 

also, @kryptonite, where did you get your tracking info? do they just email it to you? 

 

16th dec (refused) -> 28th dec -> 03 jan -> 04 jan (application received) --> 06 jan (approved)

[ice-qube 649]

19 hours ago, BatmanFlow said:

 

I think it’s worth waiting for clarification 

 

but if it helps, for my mom it didn’t add any Additional processing time. I had to add and delete trips within 5 years and update that her spouse lived in US. Got her visa within 4 weeks of submitting docs back to them. 
 

but I highly suggest you get the RCMP police check again. It’s for sure going to be required and waiting time for that is 2-3 weeks. Get it asap and you’ll save some valuable time  

I am going to be getting the RCMP police check tomorrow, yes. However, I am not going to touch this DS-260 unless I get some guidance, I don't want to alter and then trigger a reassessment of the DS-260 needlessly. The problem is, the law firm is being of no help, they just inevitably say 'contact the consulate', who themselves never answer for weeks!

 

I am so angry that I have paid $5,000 USD for no help. 

[ice-qube 649]

19 hours ago, Family said:

You are no longer subject to DQ by NVC. DS-260 unlock is by Consulate and the usual protocol when cases have been struck in AP for an extended time or delayed for other reasons ( like waiting for approval of waivers) . 

I do not want to touch the DS-260, not to update it for anything, for fear of triggering new diversion to a bureaucratic sub-process. Someone, whether it be the consulate or the law firm handling my mandamus case (I really regret now even giving them the money) needs to instruct me specifically how to proceed.

[Family 3,988]

12 minutes ago, ice-qube said:

do not want to touch the DS-260, not to update it for anything, for fear of triggering new diversion to a bureaucratic sub-process. Someone, whether it be the consulate or the law firm handling my mandamus case (I really regret now even giving them the money) needs to instruct me specifically how to proceed.

I really appreciate your position. Forgive me, I was under the impression the consulate had actually sent out a list of requirements ( among them updating the DS-260 )..for what looks like some movement in your case. 
I am cautiously optimistic that it is a good sign and your mandamus action may soon pay off. 

[ice-qube 649]

19 minutes ago, Family said:

I really appreciate your position. Forgive me, I was under the impression the consulate had actually sent out a list of requirements ( among them updating the DS-260 )..for what looks like some movement in your case. 
I am cautiously optimistic that it is a good sign and your mandamus action may soon pay off. 

I want to stay optimistic. What I am concerned about is, given what law firm reported from talking to US attorney, supposedly they instructed the consulate ("the agency" is the term the paralegal used, I start wondering if they even know what the details of my case are) to request a new medical. That did not happen. It was not in junk mail, and wouldn't be anyway. It just didn't happen. In addition, they 're-opened' DS-260 for no apparent reason, and didn't tell me that either. Now, the court deadline for the govt approaches next week, Jan 14. So what is going to happen now? The govt is going to claim to the court that they asked me for medical and i didn't respond, so please dismiss?? Is this what this is going towards?

[Family 3,988]

5 minutes ago, ice-qube said:

I want to stay optimistic. What I am concerned about is, given what law firm reported from talking to US attorney, supposedly they instructed the consulate ("the agency" is the term the paralegal used, I start wondering if they even know what the details of my case are) to request a new medical. That did not happen. It was not in junk mail, and wouldn't be anyway. It just didn't happen. In addition, they 're-opened' DS-260 for no apparent reason, and didn't tell me that either. Now, the court deadline for the govt approaches next week, Jan 14. So what is going to happen now? The govt is going to claim to the court that they asked me for medical and i didn't respond, so please dismiss?? Is this what this is going towards?

You have reached out directly to the consulate, so plenty of record established that actions were taken..so your worry there is unfounded.

 

Like you, I am weary of paralegal updates…especially when I hear they enter very limited G-28 s ( mandamus only) . 
You just keep up efforts to communicate with consulate…I would even consider an email to consulate w cc copy to attorney…innocently say you are under the impression there must be a lost email ( spam ?) instructing you to re do medicals.

[ice-qube 649]

17 minutes ago, Family said:

You have reached out directly to the consulate, so plenty of record established that actions were taken..so your worry there is unfounded.

 

Like you, I am weary of paralegal updates…especially when I hear they enter very limited G-28 s ( mandamus only) . 
You just keep up efforts to communicate with consulate…I would even consider an email to consulate w cc copy to attorney…innocently say you are under the impression there must be a lost email ( spam ?) instructing you to re do medicals.

Thanks for the tip, I have sent another email and cc'ed the law firm and my case email that they set up. Unfortunately, my experience with consulate is they do not respond for 2-3 weeks. There are people on here who claim that they have got back responses the next day, but I cannot see how that is true. It certainly hasn't been my experience, ever, with Montreal consulate, over the last couple of years.

[ice-qube 649]

20 minutes ago, Family said:

You have reached out directly to the consulate, so plenty of record established that actions were taken..so your worry there is unfounded.

 

Like you, I am weary of paralegal updates…especially when I hear they enter very limited G-28 s ( mandamus only) . 
You just keep up efforts to communicate with consulate…I would even consider an email to consulate w cc copy to attorney…innocently say you are under the impression there must be a lost email ( spam ?) instructing you to re do medicals.

The paralegal, as per the US attorney, referenced "EDP" or "Electronic Document Processing", like as if it should be something I am familiar with. Do you know this platform? The only electronic platform I have interfaced with for uploading documents to the National Visa Center/Consulate is CEAC. 

[Family 3,988]

10 minutes ago, ice-qube said:

The paralegal, as per the US attorney, referenced "EDP" or "Electronic Document Processing", like as if it should be something I am familiar with. Do you know this platform? The only electronic platform I have interfaced with for uploading documents to the National Visa Center/Consulate is CEAC. 

It’s exactly what you know it to be CEAC…and it’s definitely referring to updating the DS-260 that was unlocked. ..
 

The eDP application allows NVC staff and post users to review documents submitted in CEAC. Docs for visa processing. KCC staff reviews CEAC Web and updates the

https://2017-2021.state.gov/wp-content/uploads/2020/12/electronic-Document-Processing-eDP-PIA.pdf

Edited January 7, 2023 by Family

[ice-qube 649]

2 minutes ago, Family said:

It’s exactly what you know it to be CEAC…
 

The eDP application allows NVC staff and post users to review documents submitted in CEAC. Docs for visa processing. KCC staff reviews CEAC Web and updates the

https://2017-2021.state.gov/wp-content/uploads/2020/12/electronic-Document-Processing-eDP-PIA.pdf

OK so I intuited right... I am not sure the paralegal even has any idea what I am talking about when I said CEAC.

[Family 3,988]

12 minutes ago, ice-qube said:

OK so I intuited right... I am not sure the paralegal even has any idea what I am talking about when I said CEAC.

That you are on point with ..so unless you talk directly to the attorney, you won’t get much help or clarification on exactly what the government attorney “communicated”.

 

[kryptonite 43]

4 hours ago, bobobobobo said:

also, @kryptonite, where did you get your tracking info? do they just email it to you? 

Yes, I got two emails pretty much back to back. One was from usvisa-info saying “The U.S. Department of State Consulate located in Montreal has released document related to your Visa application to our courier Purolator” it then provided my tracking number and some other info. The second email was from Purolator providing me with my tracking and pretty much the same email you would get if you got tracking info for any other shipment of yours.

[MikeBr 11]

Congrats to those that have recently been approved…finally!  And to those that are still waiting like me, hang in there!

 

My question…is it the same Visa Officer that interviewed us, that eventually finalizes the case, or does it reside with others?  And if we happen to know the full name of the Visa Officer, would it be helpful to connect with them directly?  
 

I was interviewed back in November and issued DS5355 and immediately completed it.  Last update to case was Dec 2.

 

Lawyer thinks they issued this to me to stall the case as my 2 year marriage was approaching at end of Dec.  my case was changed from CX1 to FX1 at interview, therefore permanent status, not conditional.  can’t actually issue until that date has passed.
 

hoping this is true.  Meanwhile also in Dec my Nexus renewal application was approved for another 5 years! I know totally unrelated but still…

Edited January 7, 2023 by MikeBr
Update

[throwitaway 190]

1 hour ago, MikeBr said:

My question…is it the same Visa Officer that interviewed us, that eventually finalizes the case, or does it reside with others?  And if we happen to know the full name of the Visa Officer, would it be helpful to connect with them directly?  

Usually it’s the same CO that adjudicates your case in the end, after they’ve received your clearance from the number of other agencies that are now involved. There’s some guidance about this in 9FAM. 

 

Remember that the 221g slip you received at interview leaves out your CO’s name - I’m inclined to believe this is intentional. 
 

Unfortunately, connecting with the consulate or even directly with the CO likely won’t get you anywhere - they’re waiting on your security clearance, and they won’t waive it in almost all circumstances. 

 

1 hour ago, MikeBr said:

Lawyer thinks they issued this to me to stall the case as my 2 year marriage was approaching at end of Dec.  my case was changed from CX1 to FX1 at interview, therefore permanent status, not conditional.  can’t actually issue until that date has passed.

If I’m not mistaken, if you were issued at interview and waited until after your 2 year anniversary to cross, you would’ve been converted anyway. Seems like a lot of effort on their part for your benefit, when they could have just told you to wait a little bit before crossing and then issued your visa.