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RamosL

DS-5535 and Administrative Processing for my spouse (dependent) / EB2-NIW

By RamosL in Mexico, Latin & South America

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RamosL Rookie

RamosL   0

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Hello everyone,

 

I am the main applicant of the eb2-NIW visa and my visa has been issue while my partner was requested to submit the DS-5535 form and his visa is still with a 'refused / admin processing" status.

I entered the US yesterday and activated my greencard while my partner entered as a tourist while he wait for his visa to be issued.

 

I would like to know if there is a timeline for this to be completed, considering that the US Embassy has retained his passport for 2 weeks now and they don't provide any updates on this.

In addition, I want my spouse to be with me here in the US and start working instead of being here as a tourist.

 

Any tips, advice? 

 

Thanks

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Boiler Grand Master

Boiler   45,449

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No timeline they do not seem to be that quick

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,449

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You can always ask for your Passport to be returned 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RamosL Rookie

RamosL   0

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3 minutes ago, Boiler said:

You can always ask for your Passport to be returned 

I did already and even mentioned that he is a flight attendant who relies on his passaport to travel internationally and they never confirmed that the passport can be returned.

I spoke with the US Embassy three times asking for a timeline and requesting the passport back in case it will take more than 30 days for the visa to be issued and they keep changing the subject.

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Boiler Grand Master

Boiler   45,449

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Sort of surprised they would talk to you at all about his passport 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RamosL Rookie

RamosL   0

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38 minutes ago, Boiler said:

Sort of surprised they would talk to you at all about his passport 

We use the same email address (my own) so I am the one reaching out to them.

 

38 minutes ago, Pinkrlion said:

Just don’t overstay his tourist visa

We are aware of that, but he needs his passport to work and it is retained with the us embassy...

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Chancy Grand Master

Chancy   6,241

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22 hours ago, RamosL said:

my partner was requested to submit the DS-5535 form and his visa is still with a 'refused / admin processing" status.

 

Unfortunate that you've now joined the MTL DS-5535 club.  Here's the clubhouse --

 

 

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Chancy Grand Master

Chancy   6,241

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6 minutes ago, RamosL said:

our process is NOT through Montreal (who is slow all the time). Our process is in the US Consulate in Rio de Janeiro, Brazil.

 

Um, then this thread was posted in the wrong forum.

 

*** Moved from the Canada regional forum to the South America regional forum for Brazil-specific input ***

 

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GRAVY_insane Newbie

GRAVY_insane   0

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My fiancée had her interview 1/23/24.

They said her medical records had not arrived yet(which we learned later that day was not true) and was told we would be in AP until the records arrived then they would approve/process the visa. They kept her passport. 
While waiting at the airport they send an email with the DS-5535. 
Anyone dealing with the Rio consulate have any experience with this? 

Edited by GRAVY_insane
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As2024 Contributor

As2024   6

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On 10/3/2023 at 9:42 PM, RamosL said:

Hello everyone,

 

I am the main applicant of the eb2-NIW visa and my visa has been issue while my partner was requested to submit the DS-5535 form and his visa is still with a 'refused / admin processing" status.

I entered the US yesterday and activated my greencard while my partner entered as a tourist while he wait for his visa to be issued.

 

I would like to know if there is a timeline for this to be completed, considering that the US Embassy has retained his passport for 2 weeks now and they don't provide any updates on this.

In addition, I want my spouse to be with me here in the US and start working instead of being here as a tourist.

 

Any tips, advice? 

 

Thanks

Could you please updated your case ? Did you get your visa ? 

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TBoneTX Grand Master

TBoneTX   45,259

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Filed: Citizen (apr) Country: Ecuador
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The OP hasn't logged on to VJ since October 2023, so this old thread is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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