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

[AP_since_May2023 37]

3 minutes ago, anotheronewaiting said:

"Did they ask for your passport when they have you the 221g? 
 

I wondering if taking my passport was a good sign, or if it was just a mistake by the CO. 
 

Does your status explicitly say AP? Did you get any updates to indicate you were getting more vetting?
 

That is terrible that they told you a few weeks and it has been 10 months. 

Has anyone tried going to the consulate in person to get more information? I live in Montréal, wondering if that is a way of getting additional information"

 

@Cadtoverm - the consulate kept my fiancé's visa and issued DS5535. We've been waiting since our August 2023 interview. We were told we would be sent an "email questionnaire" and it was the DS5535. Out of denial, we tried to talk to the officers at the consulate in Montreal, but they didn't let us inside. Not to be the bearer of bad news, but to save you a step since we already tried. 😅 I am so sorry to hear that you are stuck in your current circumstance. This is an awful and poorly streamlined process.

 

Many sources say that it is a good sign that they kept your passport.

 

However, they took my passport after the interview, and it was mailed back to me several days later without the visa as I had to return to work.

 

You won't be allowed to enter the consulate by security, let alone speak to any of the immigration staff. 

Edited February 3 by AP_since_May2023

[anotheronewaiting 7]

2 minutes ago, AP_since_May2023 said:

 

Many sources say that it is a good sign that they kept your passport.

 

However, they took my passport after the interview, and it was mailed back to me several days later without the visa as I had to return to work.

 

You won't be allowed to enter the consulate by security, let alone speak to any of the immigration staff. 

How long did it take for them to return your passport, and did you request to get it back or did they just send it back randomly? They still have my fiancé's passport, he never requested to get it back. I am grateful he has his nexus and has been able to travel to the US without issue. 

[AP_since_May2023 37]

20 minutes ago, anotheronewaiting said:

How long did it take for them to return your passport, and did you request to get it back or did they just send it back randomly? They still have my fiancé's passport, he never requested to get it back. I am grateful he has his nexus and has been able to travel to the US without issue. 

 

I requested for it back after 1 week as I was out of vacation and had to return to the US. I also had upcoming international travel and didn't want to risk it.

[APRIL2023 59]

7 hours ago, Phil_K_IR1 said:

Yep we've been emailing at that frequency.. here's to hoping. It's strange the updates are a week apart, but I'll take anything. Thankful for it. 

Hopefully this is good sign. But I also know that frequent update initially is common, followed by months of radio silence. Hoping its good news for you though!

[APRIL2023 59]

2 hours ago, anotheronewaiting said:

How long did it take for them to return your passport, and did you request to get it back or did they just send it back randomly? They still have my fiancé's passport, he never requested to get it back. I am grateful he has his nexus and has been able to travel to the US without issue. 

I'd always thought you need to have your passport with you even if you are traveling with nexus! 

[Phil_K_IR1 83]

2 hours ago, APRIL2023 said:

Hopefully this is good sign. But I also know that frequent update initially is common, followed by months of radio silence. Hoping its good news for you though!

Well this is our 9th update lol

 

We had gone 30+ days with no updates, and the only updates we ever got before Jan 25 and Feb 2 were because of email replies so 😭

 

Just praying, thank you

[MRJ9987 31]

Just an idea here… but could we possibly maybe go to the media?  Is there a story here?  Is there anyone who would care about what we are going through?  
 

Alternatively, could a file a class action lawsuit?  

[APRIL2023 59]

2 hours ago, MRJ9987 said:

Just an idea here… but could we possibly maybe go to the media?  Is there a story here?  Is there anyone who would care about what we are going through?  
 

Alternatively, could a file a class action lawsuit?  

Tried the media. No bite for the story. I guess it’s nothing compared to the current illegal migrant crisis at the southern boarder. Also didn’t push too hard for it either. Don’t want to piss ppl off and get application denied 🤣. 
 

class action is an interesting thought. 

[ShawnK 82]

Recently USCIS has really sped up processing I-485 s and EAD/APcards, if you look on reddit people getting cleared in 2-4 months. 

 

If you are in the US with an  approved I130 you might want to consider that route. Talk to a lawyer. I was in the US and was advised by a lawyer that it's OK to genuinely change your mind after you enter, it's only fraud to enter with that intent and then do it.

 

You have to have a genuine explanation,  and the severe delays with Momtreal Ds5535 processing is genuine.

 

You just have to remain in the US until they send you your advanced parole card. But again,  on reddit, I see people moving fast (2-4 months).

 

 

You can withdraw your application with Montreal with a simple letter.

 

Something to consider now that it seems they will no longer process these cases anytime soon(we have seen only 2 Ds5535 cases from Jan get updates in October).

 

People have families and lives, can't stay apart forever.

 

 

 

 

[Daft_Cat 136]

2 hours ago, ShawnK said:

Recently USCIS has really sped up processing I-485 s and EAD/APcards, if you look on reddit people getting cleared in 2-4 months. 

 

If you are in the US with an  approved I130 you might want to consider that route. Talk to a lawyer. I was in the US and was advised by a lawyer that it's OK to genuinely change your mind after you enter, it's only fraud to enter with that intent and then do it.

 

You have to have a genuine explanation,  and the severe delays with Momtreal Ds5535 processing is genuine.

 

You just have to remain in the US until they send you your advanced parole card. But again,  on reddit, I see people moving fast (2-4 months).

 

 

You can withdraw your application with Montreal with a simple letter.

 

Something to consider now that it seems they will no longer process these cases anytime soon(we have seen only 2 Ds5535 cases from Jan get updates in October).

 

People have families and lives, can't stay apart forever.

 

 

 

 

I know they can technically leave us in this position forever (which is indeed scary), but in practice things won’t get to that point. The more the process slows down, the greater the legal burden will be for the State Department. Judges will not be sympathetic when applicants are waiting multiple years without clear reason. While we may not be citizens, our spouses are, and they’re owed a duty from the state that goes beyond the legalese of a “technical refusal pending indefinite administrative processing”.

 

The worse this gets, the more appetite there will be to suspend DS-5535s pending exceptional circumstances until the backlog is cleared, or dramatically scale resourcing to remove the bottleneck. Even my attorney, who is very critical and up front with me, doesn’t believe this situation is permanent. Something’s gotta give eventually.

Edited February 3 by Daft_Cat

[ShawnK 82]

1 hour ago, Daft_Cat said:

I know they can technically leave us in this position forever (which is indeed scary), but in practice things won’t get to that point. The more the process slows down, the greater the legal burden will be for the State Department. Judges will not be sympathetic when applicants are waiting multiple years without clear reason. While we may not be citizens, our spouses are, and they’re owed a duty from the state that goes beyond the legalese of a “technical refusal pending indefinite administrative processing”.

 

The worse this gets, the more appetite there will be to suspend DS-5535s pending exceptional circumstances until the backlog is cleared, or dramatically scale resourcing to remove the bottleneck. Even my attorney, who is very critical and up front with me, doesn’t believe this situation is permanent. Something’s gotta give eventually.

 

It will eventually but it could take 5 years or 10? They have not passed any meaningful immigration reform since 97. 

 

Right now this issue is getting zero media attention.

 

No one has any sympathy for legal immigrants waiting patiently in line, even the advocats don't seem to care about us. All the sympathy is for those crossing in , who have paid smugglers, they are the media darlings.

 

 

[dmitrych 14]

3 hours ago, ShawnK said:

Recently USCIS has really sped up processing I-485 s and EAD/APcards, if you look on reddit people getting cleared in 2-4 months. 

 

Is there enough reliable data though? The official website still says the processing time for family-based I-485 is 16-22 months for most locations: https://egov.uscis.gov/processing-times/

I'm not saying it's not an option, I just wonder why there's such a discrepancy.

[Ontarkie 14,227]

~~One post removed that was not Montreal related. THis thread is Montreal only. Please go to the appropriate regional forum or the Waiver and 211G forum for all other questions~~

[tas005 4]

On 2/1/2024 at 3:42 PM, Phil_K_IR1 said:

When did you have your interview again? I forget.

 

ours was nov 9, 2023

just 5 days before yours.

[Phil_K_IR1 83]

7 minutes ago, tas005 said:

just 5 days before yours.

When was your last case update date change on CEAC? 
 

I had sent letters to my senator and congressperson, and just heard back from the congressperson that they sent an inquiry on the 1st of Feb, so wondering if the Feb 2 update we got was due to them inquiring. 
 

But it adds up to the dates changing a week ish apart regardless, seems we may be close potentially. 
 

Your case and ours are very similar, curious to see if there's movement on your end too.