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

[dmitrych 14]

3 hours ago, tdot2nj said:

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 suppose it's the same enhancement mentioned here? https://redeaglelaw.com/blog-1/f/administrative-processing-backlog-of-66000-visa-applicants

 

"The Department transferred the national security vetting of nonimmigrant visa applicants to the National Vetting Center in October 2022, with immigrant visa vetting to follow sometime in 2024. The Department anticipates that moving security vetting to the National Vetting Center will create efficiencies in the vetting process"

 

What's puzzling to me is that they say they already made changes for the nonimmigrant visa applicants (which *presumably* should include K1 visas at Montreal), and yet we don't see the effect - there's a significant number of K1 applicants on this forum who are still waiting.

[long_journey_2003 1]

1 hour ago, dmitrych said:

 

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.

Agreed , but given that the govt has changed tactics what I think it means now is that you file a WOM later and hope u get cleared by month 9 though month 12 

 

that’s the best case scenario now 

 

I also think @Daft_Cat will be approved soon and we will see that people with WOM get approved just not as fast as it use to be . 

[dmitrych 14]

29 minutes ago, long_journey_2003 said:

Agreed , but given that the govt has changed tactics what I think it means now is that you file a WOM later and hope u get cleared by month 9 though month 12 

 

This is how long it takes the majority of applicants without WOM to get approved - you can see it in the spreadsheet. Why should we pay if WOM seemingly makes no difference. Lawyers will take our money no matter what, and the later they tell you to file, the more it will look as if WOM did something.

I suspect the government intentionally ignores WOM now to dissuade people from filing it. Would be great if we could find counterexamples though.

Edited February 6 by dmitrych

[long_journey_2003 1]

59 minutes ago, dmitrych said:

 

This is how long it takes the majority of applicants without WOM to get approved - you can see it in the spreadsheet. Why should we pay if WOM seemingly makes no difference. Lawyers will take our money no matter what, and the later they tell you to file, the more it will look as if WOM did something.

I suspect the government intentionally ignores WOM now to dissuade people from filing it. Would be great if we could find counterexamples though.

let’s see we should the results soon enough. 
Given that spreadsheet I see a bunch of people  from feb through April 2022 

if they all get approved then WOM is not useful . … 

[throwitaway 190]

On 2/4/2024 at 5:32 PM, 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  

FYI Your WOM is filed against the state department so you can’t factor in the portions of your wait with USCIS. Your ‘unreasonable delay’ is from the date of the interview.

[throwitaway 190]

On 2/3/2024 at 5:47 PM, ShawnK said:

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.

Facts. 

[ak47 32]

22 hours ago, LYV said:

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. 

Almost all in the forum are facing ds-5535 issue. I have been almost completing 11 months in a few days.

[MRJ9987 31]

Has anyone tried doing FOIA?  Who would I send it to?  I was suggested to query USCIS with FOIA but my understanding is that it wouldn't be them (USCIS already approved me)?

[Phil_K_IR1 83]

Just as an update: we didn't get any email or update from consulate today.

 

Had one on Friday the 2nd, and one yesterday (5th), but nothing today. 

[MonB 0]

Hi everyone, I hope that you can help, I am a US citizen and my wife who lives in Canada had her interview on Jan 23, 2024 everything went well, but after checking the status it says Refused, I checked the CEAC website  nothing was mentioned there just Refused without any reason, I called 438-793-1947 and they said that I have to wait and they have no info meanwhile I sent an email to: Canada.Visas@gdit-gss.com, they said this is just for support, I called some numbers for embassy or I don't even remember they gave me this email: montreal-iv-dv@state.gov, they replied that my case is refused and it's under administrative processing under 221g and they sent me a an online form, I am not sure if it's legit? any of you had experienced that??, any info will be apricated.

this is how the link looks like:

[ShawnK 82]

14 minutes ago, MonB said:

Hi everyone, I hope that you can help, I am a US citizen and my wife who lives in Canada had her interview on Jan 23, 2024 everything went well, but after checking the status it says Refused, I checked the CEAC website  nothing was mentioned there just Refused without any reason, I called 438-793-1947 and they said that I have to wait and they have no info meanwhile I sent an email to: Canada.Visas@gdit-gss.com, they said this is just for support, I called some numbers for embassy or I don't even remember they gave me this email: montreal-iv-dv@state.gov, they replied that my case is refused and it's under administrative processing under 221g and they sent me a an online form, I am not sure if it's legit? any of you had experienced that??, any info will be apricated.

this is how the link looks like:

Yes, that's the dreaded ds5535. It used to be via email,  now it's a form.  The purpose is to conduct a security related background check.

 

Unfortunately not much you can do but wait. You can file a lawsuit after 6-12 months,  costs $5500-$7k, not as effective as it was a year ago.

 

You have to fill it out and wait......unfortunately the wait can be long, 9- 14 months. We still have Feb 2023 people waiting. 

 

Do you or your spouse have any ties or extensive travel to any country that may be considered problematic?

 

 

Edited February 7 by ShawnK

[Leo The Great 137]

25 minutes ago, MonB said:

Hi everyone, I hope that you can help, I am a US citizen and my wife who lives in Canada had her interview on Jan 23, 2024 everything went well, but after checking the status it says Refused, I checked the CEAC website  nothing was mentioned there just Refused without any reason, I called 438-793-1947 and they said that I have to wait and they have no info meanwhile I sent an email to: Canada.Visas@gdit-gss.com, they said this is just for support, I called some numbers for embassy or I don't even remember they gave me this email: montreal-iv-dv@state.gov, they replied that my case is refused and it's under administrative processing under 221g and they sent me a an online form, I am not sure if it's legit? any of you had experienced that??, any info will be apricated.

this is how the link looks like:
 

You can look at this spreadsheet to get some idea about the DS-5535 processing times. Please enter your info for the benefit of other members in AP (DS-5535) whenever you have time.

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

Edited February 7 by Leo The Great

[Irish89 44]

On 2/5/2024 at 5:03 PM, 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.

Hope this means good news coming for you soon. 

[tdot2nj 71]

I am feeling so defeated I just saw multiple stories on a lawyers, Instagram page for green cards approved for IR1 category for individuals who filed their cases with USCIS months after me. I have no idea how they prioritize these cases but I definitely do not think it is first in first out. You would think if a US citizen is filing your case there would be some form of priority given, but I guess not.

[AP_since_May2023 37]

34 minutes ago, tdot2nj said:

I am feeling so defeated I just saw multiple stories on a lawyers, Instagram page for green cards approved for IR1 category for individuals who filed their cases with USCIS months after me. I have no idea how they prioritize these cases but I definitely do not think it is first in first out. You would think if a US citizen is filing your case there would be some form of priority given, but I guess not.

 

If you are applying for AOS within the US, cases for IR1/CR1 cases are being processed very quickly. With DOS however, it is a wild game and will likely undergo AP.

 

USCIS officers are also being stretched thin with the number of asylum cases they have to process. Even though legal immigrants are funding USCIS with our application fees, USCIS officers are being pulled away to process EAD for asylum claimants (for free) who have the highest priority given their heavy reliance on public services.