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

[Daft_Cat 136]

19 hours ago, tdot2nj said:

Hello!! Looking for some insight into how long everyone is waiting for. I was interviewed at MTL on Nov 28, 2023 and asked to complete the DS-5535. I started my process with USCIS in Feb 2022. It has been almost 2 years of waiting for my IR1 visa. I have recently filed the WOM with my lawyer. I am curious to know when you all filed your cases. USCIS shows 14 month processing time and I am at 24 months now. I was separated from my now husband for 17 months due to the Canada/US border closure during covid and still struggling to be able to legally live together in the US. This is taking a toll on our mental health I just want to live with my husband  

I understand the stress and feeling of urgency, but your WOM is premature. The state department will file a motion to dismiss and you won't be in a great position to fight the dismissal given your very recent interview date. I would get a second opinion and consider pulling your lawsuit so that you can refile at a later date.

I know it's hard to hear, but it's probably a good idea to make peace with the fact that you're in for an extended wait. Keep in mind that there are people in this very thread that have been waiting a year now (myself included), and that the AP backlog has grown to ~66k, with only ~35 employees dedicated to processing cases. The situation could improve, but that's roughly where it stands today.

 

I don't know what internal process the consulate has in place for prioritizing applicants, but I would have to assume (and hope) that there's at least some semblance of first in, first out. 

Edited February 5 by Daft_Cat

[APRIL2023 59]

2 hours ago, Phil_K_IR1 said:

Wow! Curious to see then if that's the case. Haven't heard from the congressman or senator yet. 
 

for what it's worth, I emailed California ones 

I emailed California. Yes they were quick to reach out to DOS but they have no influence over timeline and process. In fact, the rep from congresswoman office made it sound like something can be done, but after a few months they have completed ghosted me. 
 

Communication between congress / senate reps and DOS will trigger a status update. I’ll suggest to just sit tight and wait for Montreal consulate to reach out. It’s a bit out of your hand now. Sucks but it’s hard to speculate anything at the moment. 

[APRIL2023 59]

1 hour ago, Daft_Cat said:

I understand the stress and feeling of urgency, but your WOM is premature. The state department will file a motion to dismiss and you won't be in a great position to fight the dismissal given your very recent interview date. I would get a second opinion and consider pulling your lawsuit so that you can refile at a later date.

I know it's hard to hear, but it's probably a good idea to make peace with the fact that you're in for an extended wait. Keep in mind that there are people in this very thread that have been waiting a year now (myself included), and that the AP backlog has grown to ~66k, with only ~35 employees dedicated to processing cases. The situation could improve, but that's roughly where it stands today.

 

I don't know what internal process the consulate has in place for prioritizing applicants, but I would have to assume (and hope) that there's at least some semblance of first in, first out. 

Thinking the same too. I would think @tdot2nj have lawyers that would have thought about all the factors and would act in his/her best interest. There has to be a reason for the early filing. This makes me wonder how many ppl out there beyond this forum who are in the same situation as us but have other resolutions that have seen results. 
 

The whole first in first out is BS. Before July 2023, ppl who filed WOM will get processed first while the rest wait (no offense to those who have filed before). So pretty much who ever has $5000k to push for action will see action. It was never an equitable process. 
 

… but isn’t this what ‘merica is all about? Isn’t really an equitable country is it. 

[LYV 63]

A reminder to all, a 221g only is not a DS-5535. This thread is for people given a DS-5535 in Montreal. For others with only a 221g it it not helpful to get advice from this forum because it will be a different timeline and different processing. It is also not helpful for DS-5535 to see 221g only a get through in a couple months when many have been waiting 8 plus months. Thank you. 

[cala2023 70]

21 hours ago, tdot2nj said:

Hello!! Looking for some insight into how long everyone is waiting for. I was interviewed at MTL on Nov 28, 2023 and asked to complete the DS-5535. I started my process with USCIS in Feb 2022. It has been almost 2 years of waiting for my IR1 visa. I have recently filed the WOM with my lawyer. I am curious to know when you all filed your cases. USCIS shows 14 month processing time and I am at 24 months now. I was separated from my now husband for 17 months due to the Canada/US border closure during covid and still struggling to be able to legally live together in the US. This is taking a toll on our mental health I just want to live with my husband  

We submitted my husband's initial application to the USCIS in July 2021. Interview was April 2023 and still waiting in AP after receiving DS-5535. So we're over 2.5 years in our journey so far. For added context since people are often interested he's 100% (french) Canadian, completely of European ancestry. We have not filed WOM.

[Daft_Cat 136]

35 minutes ago, APRIL2023 said:

Thinking the same too. I would think @tdot2nj have lawyers that would have thought about all the factors and would act in his/her best interest. There has to be a reason for the early filing. This makes me wonder how many ppl out there beyond this forum who are in the same situation as us but have other resolutions that have seen results. 
 

The whole first in first out is BS. Before July 2023, ppl who filed WOM will get processed first while the rest wait (no offense to those who have filed before). So pretty much who ever has $5000k to push for action will see action. It was never an equitable process. 
 

… but isn’t this what ‘merica is all about? Isn’t really an equitable country is it. 

I think WOMs are close to useless now. At least as far as accelerating your case. If I get approved tomorrow, it will 100% be because the consulate has begun processing applicants from Feb 23. It will have nothing to do with my WOM.

Attorneys are increasingly hesitant to file before the 6-12 month window, and the process itself takes months just to reach the ever-likely Motion to Dismiss stage. By the time you're getting ready to fight the hypothetical MTD, you're probably already on the cusp of seeing some movement. 

WOMs still have some value as legal platforms in case the situation worsens or there's evidence that a particular applicant is falling through the cracks... but the "pay to play" element of it seems to be falling by the wayside. It's no longer a silver bullet, for better or for worse.
 

Edited February 5 by Daft_Cat

[Daft_Cat 136]

Another unsolicited case update today. My last one was Jan 31st. Sent an email a couple weeks ago, but no reply to that.

Edited February 5 by Daft_Cat

[Phil_K_IR1 83]

1 minute ago, Daft_Cat said:

Another unsolicited case update today. My last one was Jan 31st. Sent an email a couple weeks ago, but no reply to that.

Yeah I've been tracking other people's cases, and quite a few have gotten last updated date changes in the last few days... 

 

Don't want to be hopeful..

[Areeb Abdullah 0]

1 hour ago, cala2023 said:

We submitted my husband's initial application to the USCIS in July 2021. Interview was April 2023 and still waiting in AP after receiving DS-5535. So we're over 2.5 years in our journey so far. For added context since people are often interested he's 100% (french) Canadian, completely of European ancestry. We have not filed WOM.

DS-5535 due to travel history?

[cala2023 70]

15 minutes ago, Areeb Abdullah said:

DS-5535 due to travel history?

Unsure but I don't think so. Past 10 years were all in North America. Several trips yearly to the US due to his job and a few trips to Mexico for vacations. And never to any countries that would typically be flagged.

Edited February 5 by cala2023

[tdot2nj 71]

2 hours ago, Daft_Cat said:

I think WOMs are close to useless now. At least as far as accelerating your case. If I get approved tomorrow, it will 100% be because the consulate has begun processing applicants from Feb 23. It will have nothing to do with my WOM.

Attorneys are increasingly hesitant to file before the 6-12 month window, and the process itself takes months just to reach the ever-likely Motion to Dismiss stage. By the time you're getting ready to fight the hypothetical MTD, you're probably already on the cusp of seeing some movement. 

WOMs still have some value as legal platforms in case the situation worsens or there's evidence that a particular applicant is falling through the cracks... but the "pay to play" element of it seems to be falling by the wayside. It's no longer a silver bullet, for better or for worse.
 

I think it depends on the consulate the individual is dealing with. I saw something on tiktok someone from the Manila embassy was only in DS5535 processing for 45 days. This issue of a heavy delay is specifically impacting the Montreal consulate. There are people on reddit posts that didnt have to wait 60 days for approval. In my opinion filing a WOM with my lawyers advice was worth while. I provided proof of spending over $8000 in the last 3 years on plane tickets to see my husband. The financial and mental hardship has taken a toll. I was charged $5500 usd for this but if this will open up a path for me then it is worth it. Otherwise my file is just in a pile with all the other files for an indefinite amount of time. I don’t know for sure if it’s going to work, but it is a path I’m willing to explore best case I get my visa. Worst case I will have to wait.  
 

Also, if you look at the Visa operations update that was issued on January 2, 2024, they have cited enhancing the process to make it more streamlined and this has dramatically reduced the number of visa applicants who are waiting and they have adopted new technology and enhanced coordination so based on that I can see they do have an interest in removing this backlog. 

[ShawnK 82]

1 hour ago, Daft_Cat said:

Another unsolicited case update today. My last one was Jan 31st. Sent an email a couple weeks ago, but no reply to that.

Fingers crossed for you man, hopefully you get that sweet beautiful email asking for a medical. I started shaking just thinking about it.

 

 

 

 

[Daft_Cat 136]

1 hour ago, tdot2nj said:

I think it depends on the consulate the individual is dealing with. I saw something on tiktok someone from the Manila embassy was only in DS5535 processing for 45 days. This issue of a heavy delay is specifically impacting the Montreal consulate. There are people on reddit posts that didnt have to wait 60 days for approval. In my opinion filing a WOM with my lawyers advice was worth while. I provided proof of spending over $8000 in the last 3 years on plane tickets to see my husband. The financial and mental hardship has taken a toll. I was charged $5500 usd for this but if this will open up a path for me then it is worth it. Otherwise my file is just in a pile with all the other files for an indefinite amount of time. I don’t know for sure if it’s going to work, but it is a path I’m willing to explore best case I get my visa. Worst case I will have to wait.  
 

Also, if you look at the Visa operations update that was issued on January 2, 2024, they have cited enhancing the process to make it more streamlined and this has dramatically reduced the number of visa applicants who are waiting and they have adopted new technology and enhanced coordination so based on that I can see they do have an interest in removing this backlog. 

I don’t know the specifics of your case, but I can point out similarities: like you, my processing time from USCIC to NVC to the Montreal Consulate went well beyond the reported timelines. I was given a DS-5535 without any reason provided, and have lost well paid (for my age) job opportunities as a result. 
 

I filed a WOM 9 months after my interview and a few months later the state department filed a motion to dismiss (after a couple extension requests just to give the illusion of hope). The US attorney was ironically sympathetic to our cause and the judge was an Obama-appointee, but it didn’t change the outcome. Despite this, I’m now preparing to fight the motion to dismiss and am fairly optimistic that I’ll be successful (if I don’t get the visa in the mean time) given the amount of time I’ve been waiting (1 year now).

Part of the value of a WOM is that it allows you to keep applying pressure on the consulate by making it easier for them to simply approve you then adjudicate in court. Perhaps your attorney has a very specific strategy, but in your case I would be concerned about the judge siding with the state department on the inevitable MTD on the grounds that you haven’t been waiting long enough yet. If that happens, you’re basically left in a black hole waiting for your number to come up.

 

If you were to wait a few more months and then file, you’d be in a much better spot. Just my opinion, but my experience generally tracks with others on this board. It might be worth bringing up to your attorney just to see what they say.

 

 

Edited February 6 by Daft_Cat

[long_journey_2003 1]

4 hours ago, Daft_Cat said:

I think WOMs are close to useless now. At least as far as accelerating your case. If I get approved tomorrow, it will 100% be because the consulate has begun processing applicants from Feb 23. It will have nothing to do with my WOM.

Attorneys are increasingly hesitant to file before the 6-12 month window, and the process itself takes months just to reach the ever-likely Motion to Dismiss stage. By the time you're getting ready to fight the hypothetical MTD, you're probably already on the cusp of seeing some movement. 

WOMs still have some value as legal platforms in case the situation worsens or there's evidence that a particular applicant is falling through the cracks... but the "pay to play" element of it seems to be falling by the wayside. It's no longer a silver bullet, for better or for worse.
 

I understand that WOM are not the nuclear option anymore , but there is a telegram chat in Persian for all the Iranian applicants 

in the last week I have seen 2 cases  approved after filing a WOM

 

one case took 17 months in AP till approval , case was approved 3 months after WOM was filed 

[dmitrych 14]

1 hour ago, long_journey_2003 said:

I understand that WOM are not the nuclear option anymore , but there is a telegram chat in Persian for all the Iranian applicants 

in the last week I have seen 2 cases  approved after filing a WOM

 

one case took 17 months in AP till approval , case was approved 3 months after WOM was filed 

 

I think a more convincing proof that WOM still works would be a case with WOM filed after about August 1, 2023, that gets approved within about 9 months from the interview.

 

In this forum we have 2 cases with WOM filed in early September, and 3 more in July, with seemingly no movement on the visa process. This was almost unheard of before July 2023, so the government must've changed their approach then. People commonly used to get approved within 3-4 months from filing WOM, and often in less than 9 months from interview.