The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)

[LYV 63]

16 minutes ago, Leo The Great said:

sometime folks use filter on Visa Type  to look at CR1/IR1 cases. You may change it back by clicking on "Visa Type" column header (right side icon with lines) and "select all" and then click OK to bring back all entries

Thanks for switching it back. I think if you are viewing from your phone there is no option to change the filter. At least I didn’t see one. 

[Irish89 44]

2 hours ago, Daft_Cat said:

Got a case update today. Sent an email about 2 weeks ago, so it seemingly lines up with that. Having said that, in the past, case updates brought on by inquiries have lined up 1:1 with their canned responses, only this time they haven't responded. Curious to see if I get any more unsolicited updates over the next week or two...

... though I probably just jinxed it by verbalizing it. 

Will be following your progress here intently. Sending you good vibes towards hearing some positive news from the consulate soon. You've waited long enough.

[APRIL2023 59]

7 hours ago, sikeDS-5535dbyMTL said:

Oh hey folks... just got DS-5535'd by our friends at the Montreal consulate on my wife's birthday (which happened to be same day as my interview). Nice ending to my trip here... with no explanation. 99% I am sure it's because I like to backpack and travel quite a bit. I can tell you that I even max'd out the word count on their online form when I had to put my last 15 years of travel history.

 

I had a call with a immigration lawyer this morning, and suggestion was to start building your case (i.e. start sending emails to your congressman, department of state, and the Montreal consulate to request them to provide updates, reasoning, etc., and explain the undue hardship and stress this situation is causing .. well all of us. I am full out going the mandamus route, and I did ask the lawyer today about why cases are falling through the cracks. Build your case first yourself folks, and hire competent lawyers after you do some work yourself that understand the process and worth the bucks you pay them (don't hire the guys offering to do it for $1500 bucks, and not wanting to fill the large template they will eventually have to after). 

Sucks that you are in this situation  

 

Curious to know, which immigration lawyer did you use? Most of attorneys that came up in the chat room (e.g. Goldstein) comes at $5000 minimum. At least that was the quote I received back in July 2023. 

 

Like many members here, I have attempted to build a case through ways you described above. At the end of the day, there was minimal impact to timeline. I emailed the consulate requesting reason for denial - ignored. I emailed to explain in detail hardship (e.g. family separation, financial burden, loss of job opportunity) - template response. Also emailed congress/senate representatives... even the White House - got bounced back to DOS and received a SOL response. 

 

I know I sound super jaded having been in AP for 10 months. 

 

 

Edited February 1 by APRIL2023

[dmitrych 14]

8 hours ago, sikeDS-5535dbyMTL said:

Oh hey folks... just got DS-5535'd by our friends at the Montreal consulate on my wife's birthday (which happened to be same day as my interview). Nice ending to my trip here... with no explanation. 99% I am sure it's because I like to backpack and travel quite a bit. I can tell you that I even max'd out the word count on their online form when I had to put my last 15 years of travel history.

They seem to enjoy ruining people's birthdays: my interview was on my wife's birthday as well.

[Inveigh 69]

PART 3 for this DS-5535 thread holy hell, welcome to history folks.

 

Its 2024 and some of us still are waiting to be cleared.

 

If you're reading this from the future, I hope the future has been kind to you all and has changed this 221(G)/DS-5535 Policy.

Edited February 1 by Inveigh

[LYV 63]

5 hours ago, dmitrych said:

They seem to enjoy ruining people's birthdays: my interview was on my wife's birthday as well.

Yes! Our interview was on my husband’s birthday as well!

[mam521 2,058]

15 hours ago, ice-qube said:

Very sad to see that people here are still suffering with the unjust and unfair black hole of administrative processing from the capricious use of DS-5535 at Montreal. I wish you all the best in your fight.

I hope after all of your suffering, that you and your wife were able to finally be together and mend after such a challenging journey!

[MRJ9987 31]

17 hours ago, Leo The Great said:

Email addresses are listed on this page:

https://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Montreal&entry=2

Second email address in the list Montreal-IV-DV@state.gov

Status on Visa Status Check website

Thanks, I sent them a follow up to confirm they've received my form (and to ask for the timeline, although I'm not holding my breath, but I figure it's good to keep at it).  How often do people follow up?  

 

Where on Visa Status Check does it tell you how many updates there has been?  

[Leo The Great 141]

50 minutes ago, MRJ9987 said:

Thanks, I sent them a follow up to confirm they've received my form (and to ask for the timeline, although I'm not holding my breath, but I figure it's good to keep at it).  How often do people follow up?  

 

Where on Visa Status Check does it tell you how many updates there has been?  

I sent one email at the beginning and then after 3 months.  Some VJ members are sending one email per month.

You have to check visa status once per day(For update date change) if you are interested for 2 weeks as updates are frequent then may be once or twice in a week if you are interested.

[MRJ9987 31]

1 hour ago, Leo The Great said:

I sent one email at the beginning and then after 3 months.  Some VJ members are sending one email per month.

You have to check visa status once per day(For update date change) if you are interested for 2 weeks as updates are frequent then may be once or twice in a week if you are interested.

Okay, that sounds reasonable.  I am probably going to go with once a month. 

 

My status has not changed even once since Jan 29 (my interview date) 😞 

[Superluminal 146]

13 minutes ago, MRJ9987 said:

Okay, that sounds reasonable.  I am probably going to go with once a month. 

 

My status has not changed even once since Jan 29 (my interview date) 😞 

I personally have avoided emailing them for a few reasons:

 

1) They basically said on their website to not ask for updates until you are waiting for at least 6 months. This no longer applies to me since we've been waiting over 9 months at this point.

2) I left it to our lawyers to coordinate since they were filing a WOM. This also doesn't really apply to us anymore since we decided to not fight the MTD we got in October.

3) I would rather learn of unsolicited updates from CEAC then be getting regular updates from me e-mailing them. Maybe this isn't a good idea though since someone had just mentioned about "building a case".

 

It would seem there is no "right" thing to do 

[APRIL2023 59]

E-mail inquiry for status update is more to give you a piece of mind that you are doing something. It keeps my hopes up to see an email response knowing that someone is looking at my email. 

 

Still hoping that @sikeDS-5535dbyMTL can elaborate on how to build a case as advised by the lawyers. Will template response from the consulate help with the cause?

 

I was instructed by both the CO and later email responses to NOT send in the required documents until I receive notification from the consulate to do so. The attorney that I consulted stated that this is a strong enough case to submit a WOM, that being my application placed on AP for missing documents but is told NOT to submit my missing documents until being asked to do so. Not to mention that I never actually received the DS5535 form from the consulate AT ALL. That was back in August 2023 and I decided to not file a WOM at the time (given the cost and the increasing case dismissal). 

 

In recent email correspondence, I am now instructed to send in the missing document minus my passport. I don't know anymore...

 

For those who are new to this, my advice is to start looking for alternative ways to reunite with your family as you wait for DS5535 (if that's an option). Employment sponsorship, remote work from Canada.. anything. 

 

A bit off topic too - those with kids about to be born - There is a LONG WAIT TIME for appointments for birth abroad for your kid to receive the US citizenship. At least that was the case back in 2023. Need to account for this as you wait for your AP to be cleared. 

[Blue473 4]

32 minutes ago, APRIL2023 said:

E-mail inquiry for status update is more to give you a piece of mind that you are doing something. It keeps my hopes up to see an email response knowing that someone is looking at my email. 

 

Still hoping that @sikeDS-5535dbyMTL can elaborate on how to build a case as advised by the lawyers. Will template response from the consulate help with the cause?

 

I was instructed by both the CO and later email responses to NOT send in the required documents until I receive notification from the consulate to do so. The attorney that I consulted stated that this is a strong enough case to submit a WOM, that being my application placed on AP for missing documents but is told NOT to submit my missing documents until being asked to do so. Not to mention that I never actually received the DS5535 form from the consulate AT ALL. That was back in August 2023 and I decided to not file a WOM at the time (given the cost and the increasing case dismissal). 

 

In recent email correspondence, I am now instructed to send in the missing document minus my passport. I don't know anymore...

 

For those who are new to this, my advice is to start looking for alternative ways to reunite with your family as you wait for DS5535 (if that's an option). Employment sponsorship, remote work from Canada.. anything. 

 

A bit off topic too - those with kids about to be born - There is a LONG WAIT TIME for appointments for birth abroad for your kid to receive the US citizenship. At least that was the case back in 2023. Need to account for this as you wait for your AP to be cleared. 

My husband and I were able to get an appointment in Toronto for December 2023, and he made an appointment in November 2023 (to register the birth of our infant and apply for a passport for him). 

Edited February 1 by Blue473

[Phil_K_IR1 83]

1 hour ago, APRIL2023 said:

E-mail inquiry for status update is more to give you a piece of mind that you are doing something. It keeps my hopes up to see an email response knowing that someone is looking at my email. 

 

Still hoping that @sikeDS-5535dbyMTL can elaborate on how to build a case as advised by the lawyers. Will template response from the consulate help with the cause?

 

I was instructed by both the CO and later email responses to NOT send in the required documents until I receive notification from the consulate to do so. The attorney that I consulted stated that this is a strong enough case to submit a WOM, that being my application placed on AP for missing documents but is told NOT to submit my missing documents until being asked to do so. Not to mention that I never actually received the DS5535 form from the consulate AT ALL. That was back in August 2023 and I decided to not file a WOM at the time (given the cost and the increasing case dismissal). 

 

In recent email correspondence, I am now instructed to send in the missing document minus my passport. I don't know anymore...

 

For those who are new to this, my advice is to start looking for alternative ways to reunite with your family as you wait for DS5535 (if that's an option). Employment sponsorship, remote work from Canada.. anything. 

 

A bit off topic too - those with kids about to be born - There is a LONG WAIT TIME for appointments for birth abroad for your kid to receive the US citizenship. At least that was the case back in 2023. Need to account for this as you wait for your AP to be cleared. 

Hold on: do you mean to say they told you to submit documents that were missing (I assume given a 221g), and you were never told what to submit? 
 

And just waiting so far to hear about what to give? 
 

the consulate asked us for only a CV, and we've been waiting for nearing 90 days now.. 

[tas005 4]

36 minutes ago, Phil_K_IR1 said:

Hold on: do you mean to say they told you to submit documents that were missing (I assume given a 221g), and you were never told what to submit? 
 

And just waiting so far to hear about what to give? 
 

the consulate asked us for only a CV, and we've been waiting for nearing 90 days now.. 

same happened with me, please do update whenever you get any positive response.