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

[kate777 21]

2 hours ago, Ohm said:

Congrats!

May I ask what happened the first time that you had to refile? Did your attorney summon the State Department? Did they respond to the court? Or there were clerical issues?

My understanding is that they originally filed the lawsuit with the DC courts, summons were issued, defendants served, but there was no movement from the US attorney. I don’t know why— not sure if anyone even looked at it as there were no case updates, so it may have just been the high volume of lawsuits filed in DC. But I have no idea.

 

My lawyer and the defendants then agreed the best course of action would be to refile the case in my state, which was known to move faster. They handled that all on their end, and as soon as they did our case started to get touched and then we got the 2nd medical request within a month.

[oclus 3]

Hello 

 

I was stuck in DS5535 AP since last 1.5 years for K1 visa (Montreal consulate) and finally on Dec 29th 2022 the Consulate requested new medical, passports and DS160 with updated pics. Sent everything by Jan 18th 2023 until now there have been 5 updates latest being on 28th Feb and the CEAC says "Refused". Now my Police certificate (RCMP) will be expiring on 17th March since they have a validity of 2 years. I am confused should I send the new RCMP check by Fedex proactively or wait for the Consulate to request a new one? 

It has been 8 weeks until now and they did not review a single medical file, I am worried if this Police certificate will give them 1 more excuse to delay my case 😞 

[throwitaway 190]

2 hours ago, oclus said:

Hello 

 

I was stuck in DS5535 AP since last 1.5 years for K1 visa (Montreal consulate) and finally on Dec 29th 2022 the Consulate requested new medical, passports and DS160 with updated pics. Sent everything by Jan 18th 2023 until now there have been 5 updates latest being on 28th Feb and the CEAC says "Refused". Now my Police certificate (RCMP) will be expiring on 17th March since they have a validity of 2 years. I am confused should I send the new RCMP check by Fedex proactively or wait for the Consulate to request a new one? 

It has been 8 weeks until now and they did not review a single medical file, I am worried if this Police certificate will give them 1 more excuse to delay my case 😞 

You should get a new one ASAP and send it in - use the aisusvisa system. Out or curiosity, when was your interview? 

Edited March 16, 2023 by throwitaway

[oclus 3]

I already got a new one and since Consulate has not asked it, can I use the aisusvisa system? I was thinking to use Fedex since its faster. They asked only the medical, DS 160 and passports back in Dec 2022 and was sent on Jan 18th 2023. My interview was almost over a year ago in late 2021 got 221 g AP back then 

Edited March 16, 2023 by oclus
Typo

[oclus 3]

Does anyone have any experience with Montreal on timeline of second medical and issuance of visa? Its been almost 7.5 weeks that they got everything but no visa in hand 🥺

Now the RCMP certificate is expiring in 2 days 😢

[ice-qube 648]

3 hours ago, oclus said:

Does anyone have any experience with Montreal on timeline of second medical and issuance of visa? Its been almost 7.5 weeks that they got everything but no visa in hand 🥺

Now the RCMP certificate is expiring in 2 days 😢

@oclus usually after you complete the second medical and all your stuff has been sent in, you have a visa in hand in under two weeks or so. It sounds like your RCMP certificate was very close to the line, do you have any updates for us on this?

[oclus 3]

They never asked for the RCMP certification in Dec 2022, so I sent only what they asked and now after reading some forums I realized my Police check might be expiring on March 17th after 2 years. I have been emailing Montreal Consulate and was told they don’t reply until after 6 weeks of reception of the required documentation. So I am confused should I proactively send this new certificate myself or wait for the Consulate to ask it? 

[oclus 3]

It seems like they have just slept after getting my medical and the other documents! And now the issue of a possible RCMP certification looms over 😭 Its been almost 7 weeks and only 4-5 updates but no visa in hand! 

[oclus 3]

Has someone experienced sending a document to the Consulate without their request? In my case they have not yet requested a new RCMP certificate because it is expiring in 2 days, but since my case is still in process should I be sending it myself? Or is it overreacting? Please guide 🥺

[F3MTL 9]

On 3/10/2023 at 11:13 AM, kate777 said:

Yay it was issued today!! Can't really wrap my head around it. It's been almost 2 1/2 yrs since we first submitted the I129F

 

Our timeline was-

 

fiance’s interview 5/4/22
DS-5535 emailed to him 5/5
I contacted my congressman and senator in Aug, not sure if that did anything
submitted WOM paperwork to Hacking Law 9/14 (not sure the exact date they filed but shortly after that)
first lawsuit deadline was 12/17, no case updates during that time so Hacking refiled the case in my home state (they had originally filed in Washington DC)
request for new medical and updated passport pics 1/6/23
extension for lawsuit was requested at the end of Jan and granted until 4/7
CEAC status changed to Application Received 3/7
Approved 3/8
Issued 3/10

Hey, congrats!! We’re almost there too, they requested the medical. I’m curious, it seems they want them delivered via courier, and not electronically. Do you remember if you sent your medical via courier or did the physician send them for you electronically? 

[kate777 21]

27 minutes ago, F3MTL said:

Hey, congrats!! We’re almost there too, they requested the medical. I’m curious, it seems they want them delivered via courier, and not electronically. Do you remember if you sent your medical via courier or did the physician send them for you electronically? 

Congrats! There's a light at the end of the tunnel!!

The physician sent them electronically. We also had to send passport pics so those were sent by courier, but the medical was handled same as the first time. Maybe that's generic language they use in the email, about logging into the system for instructions on how to send requested docs?

[throwitaway 190]

6 hours ago, oclus said:

Has someone experienced sending a document to the Consulate without their request? In my case they have not yet requested a new RCMP certificate because it is expiring in 2 days, but since my case is still in process should I be sending it myself? Or is it overreacting? Please guide 🥺

I don’t think you’re overreacting, it’s quite reasonable for you to worry about another thing possibly delaying what’s already been an incredibly long wait.  

 

It’s always better to use the ais system when sending stuff in, things can get lost in the shuffle otherwise. Also, everything goes to a pre-screening site first, so it can take a while for documents to land on a CO’s desk; it’s not unusual for people to wait 6-8 weeks after document submission. 

Edited March 16, 2023 by throwitaway

[F3MTL 9]

2 hours ago, kate777 said:

Congrats! There's a light at the end of the tunnel!!

The physician sent them electronically. We also had to send passport pics so those were sent by courier, but the medical was handled same as the first time. Maybe that's generic language they use in the email, about logging into the system for instructions on how to send requested docs?

Oh yes you might be right! Called the local physician and they confirmed they are all sent electronically now. 

 

Interesting that they didn’t ask for new photos. I wonder if they’ll use the originals? They’re more than 6 months old. I guess we’ll find out

[oclus 3]

@F3MTL Did they ask for new DS form as well? Usually if they don’t ask for a new DS they also don’t ask for pics. In our case they asked for a new DS160 and pics with the medical. 

[oclus 3]

@kate777 hi just curious how long did it take between the documents submission and the visa issuance? Did you have updates in between? Ours got sent on 18th Jan 2023 and since then few updates but it still says ‘Refused’ btw we are K1 visa too