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

[Superluminal 146]

Looks like we are back to radio silence from Montreal. It's truly amazing how many folks are getting added to the list and how few have been processed. I also think most of the folks who have heard back did so back in September / October. Has anyone been asked for a 2nd medical / to have their passport sent into the consulate in Nov / Dec / Jan?

[Daft_Cat 136]

1 hour ago, Superluminal said:

Looks like we are back to radio silence from Montreal. It's truly amazing how many folks are getting added to the list and how few have been processed. I also think most of the folks who have heard back did so back in September / October. Has anyone been asked for a 2nd medical / to have their passport sent into the consulate in Nov / Dec / Jan?

You already know my answer, haha. But the silver lining is that there have been some case updates for me the past few weeks, so there is at least some semblance of life at the consulate.

[tdot2nj 71]

1 hour ago, Superluminal said:

Looks like we are back to radio silence from Montreal. It's truly amazing how many folks are getting added to the list and how few have been processed. I also think most of the folks who have heard back did so back in September / October. Has anyone been asked for a 2nd medical / to have their passport sent into the consulate in Nov / Dec / Jan?

It’s interesting that folks from Montreal are not hearing anything. However, those that are stuck in this processing from other countries are hearing back within like 45 days. Maybe they should just hire a separate team for the Montreal folks at this point since there’s so many of us stuck in this  

[northface 30]

59 minutes ago, tdot2nj said:

It’s interesting that folks from Montreal are not hearing anything. However, those that are stuck in this processing from other countries are hearing back within like 45 days. Maybe they should just hire a separate team for the Montreal folks at this point since there’s so many of us stuck in this  

 

Wondering any chance to let media know or write petition letters to Antony Blinken ,head of DOS ? LA times has some reporters on immigration issues. 

[Daft_Cat 136]

27 minutes ago, northface said:

 

Wondering any chance to let media know or write petition letters to Antony Blinken ,head of DOS ? LA times has some reporters on immigration issues. 

Not a lot of interest in issues around legal immigration. The only angle I can think of is that these kinds of extended delays don't exactly incentivize undocumented immigrants (current and future) from pursuing legal pathways.

[Maussanais 12]

4 hours ago, northface said:

 

Wondering any chance to let media know or write petition letters to Antony Blinken ,head of DOS ? LA times has some reporters on immigration issues. 

I think that's a good idea, a petition letter and getting some reporters involved.

[Inveigh 69]

The Judge just dismissed my case everyone. After 8 Months of fighting for this Visa for my Fiance, $4000 is now flushed down the drain. 

 

Do not file unless its been 11 months minimum in my opinion.

See Below:

 

 

Edited February 16 by Inveigh

[CarmenD 150]

I am a US Naturalized Citizen.  I applied for my Canadian husband from Canada where I moved to permanently in late 2015 after marriage in 2014 in Las Vegas.  I am a Canadian PR.  We decided to apply after my granddaughter was born in early 2020.  My son and daughter-in-law are co-sponsors for the financials. They reside in South Florida.  Interview on July 21, 2023.  Refusal under Section 221(g) generated the DS-5535 which was completed electronically on August 12, 2023.  Two Congressional inquiries so far (Sept 2023 and early Feb 2024), plus I just emailed the US Consulate Montreal today, February 16, looking for status on administrative processing.  Just sharing our journey.

[CarmenD 150]

On 2/8/2024 at 4:10 PM, Raptor23 said:

Hi Everyone,

 

Long read ahead; scroll to bottom for summary (bold).  I’ve been a longtime lurker of this forum since shortly after my interview (in Nov 2022, yes 2022 not 2023).  I did not want to post in this group throughout my visa journey as I did not want to get further obsessed by the whole process, which I cannot change; so for my mental health I decided I would check this forum from time to time but only post when I was near the end of the process so others could get insight from my timeline.

 

• Nov 2, 2022:  IR1 interview at MTL consulate.  The interview was very short; barely 2 minutes and I felt like the CO already knew he wasn’t going to approve me (I’ll never know if it’s because of a flag on my name or something else; but I just knew the minute the interview started and comparing it to others’ interviews I could over-hear going on before me).  It’s interesting to note that along with me, a few other visible minorities were refused that day citing admin processing, while Caucasian applicants were approved with a rather jolly interview.  Just my experience.  The CO said he couldn’t approve me today and more supplemental questions would be sent.  He said I could have my passport back and I wouldn’t need to come back MTL for another interview but they’ll let me know next steps

 

• Nov 2, 2022:  a couple of hours after my interview, I was emailed the DS-5355 and asked to return it (it was all a list of questions within the body of the email).

 

• Nov 6, 2022:  returned the completed DS-5355

 

• From Nov 6, 2022 to August 2023 there was maybe 1 to 2 case updates but we did not email the consulate during that time at all.  We had spoke to a few lawyers who had told us to wait at least 4-6 months before thinking of filing a WOM.  And to be honest, life got busy with work and travels that we planned to spend time together in different countries.  We just kindof carried on with life as best we could, without letting this visa issue hold us back in multiple ways.  Long distance is a challenge but I think you have to know that if you’re getting married to a person in another country; it’s kindof what you signed up for in the short-medium term, I guess.  I’m not saying we didn’t stress about this visa and worried about it and delaying our full life together; but my husband was very good at keeping perspective and focusing on the positives – that we only had a 1 hour plane ride separating us; that we both had remote jobs so we could see eachother whenever we wanted; and we were at least both healthy as that would be an added stressor if one of us was not healthy and couldn’t be together.  I think its important to focus on the things you do have yourself and together, during this whole stressful process.

 

• August 30, 2023:  As it had been quite a while and past 6 months from my interview,  I decided to email the consulate asking for an update on my case.  I emailed the MTL email address.  We also talked to Christopher from PIC about filing a WOM and he explained everything to us and we said we would think about it and get back to him in a week or so.

 

• September 6, 2023: Right as we were getting ready to tell Chris from PIC law firm about going forward with WOM, we got a reply from the consulate asking to do a second medical and to send my passport.  I knew this meant good news, but I didn’t get my hopes up.

 

• Nov 15, 2023:  as I had travel commitments I had already made earlier in the year, I could only complete my passport and send the second medical on Nov 15, 2023

 

• Nov 23, 2023:  passport received (signature upon delivery) and Medical exam results uploaded to consulate.

 

• Nov 29  to Jan 6, 2024:  no case updates (the last case update was Nov 29^th assuming for the passport and medical). 

 

• Jan 6, and every 2 weeks after:  we emailed the consulate asking if there is any update since receiving the passport and medical and we would get generic responses mentioned many times above.  The responses would come every 2 weeks or so; sometimes never.  The case update would change every time we received a response

 

• I can’t remember the exact date but there was a day in January when the CEAC status check website was down.  I randomly decided to check the NVC website on the same day and logged in to see that my DS-260 had been unlocked.  I googled this and read that only the consulate can unlock the DS-260.  We weren’t sure if we should update anything so we contacted the lawyer who was helping us in terms of answering questions –  this is PIC, Christopher.  He is AMAZING and would answer our questions promptly even though we did not officially hire him for a WOM.  Christopher told us that we should not touch anything as consulate has opened it and they will let us know for what.  I mentioned my passport was new as the previous one expired so Christopher thought that was why they opened it; to update passport number.

 

• Feb 2, 2024:  case update (not sure why)

 

• Feb 5, 2024:  email from MTL asking to update my DS-260 and send the confirmation page back to them.  I updated my DS-260 with my latest travel history and my job change.  I noticed they had already updated my passport number.

 

• Feb 8, 2024:   I got an email with MTL reply from MTL consulate saying “thank you”.  Which was VERY surprising as I’m sure they do not send friendly emails of that nature – don’t care to.  So I thought that was odd.  A couple of hours later, I checked my status on CEAC and “ISSUED”.  I’m happy for it finally go from “REFUSED” since Nov 2, 2022 to finally being issued but I won’t be 100% happy until my passport with visa is in hand.

 

All in all, it took me about 10 months from interview to be asked for my passport + second medical, and then an additional 3.5 months from sending passport for status to change to “ISSUED”.  That is a total of 13.5 months from the interview.  It was a longgggggggg haul.

It will work out for each and every one of you on this forum (barring any crazy criminal or immigration violations in your history, im assuming).  It really does challenge your mental toughness, your perseverance, your faith in basically everything, your relationship and your health in many ways.  But you have to believe it will work out for you.  It’s easier said than done but that’s all you can do in this situation.  Start sending emails to the MTL consulate once you’ve passed the 4 to 6 month mark.  Don’t be too pushy as I was afraid of them being put off and just not doing anything; just ask for a case update in the nicest way possible.  Focus on other things during this time and make the wait worthwhile; don’t live your life in constant worry and at a standstill.

 

Now I hope I actually get my passport/visa without too much of a delay or any other issues propping up.

 

Thanks for reading.  I'm sure many typos as I did not proof-read.

Thanks.  Not many typos and very detailed history timeline.  Firstly, my husband whom I’m sponsoring, Canadian born citizen, is caucasian.  Blue eyes, blond hair.  He was refused under Section 221(g) and given the dreaded DA-5535.  He traveled extensively for work over 19 years.  This was back in July 2023.  Two Congressional Inquiries since and I just emailed the MTL Consulate asking for status update.  Last update Feb 7 a few days after the second Congressional Inquiry.  I am considering a plea correspondence to President Biden 😂 

[APRIL2023 59]

1 hour ago, CarmenD said:

Thanks.  Not many typos and very detailed history timeline.  Firstly, my husband whom I’m sponsoring, Canadian born citizen, is caucasian.  Blue eyes, blond hair.  He was refused under Section 221(g) and given the dreaded DA-5535.  He traveled extensively for work over 19 years.  This was back in July 2023.  Two Congressional Inquiries since and I just emailed the MTL Consulate asking for status update.  Last update Feb 7 a few days after the second Congressional Inquiry.  I am considering a plea correspondence to President Biden 😂 

Hello there! Sucks that you are stuck in this situation as well. Some of us who interviewed in Jan/Feb 2023 are still waiting to hear back. I too have tired congressional inquiries but they were unable to influence the timeline. I’ve tried Biden and the White House with no prevail. Have u explored other options or visa type for your husband?

[CarmenD 150]

19 minutes ago, APRIL2023 said:

Hello there! Sucks that you are stuck in this situation as well. Some of us who interviewed in Jan/Feb 2023 are still waiting to hear back. I too have tired congressional inquiries but they were unable to influence the timeline. I’ve tried Biden and the White House with no prevail. Have u explored other options or visa type for your husband?

Yes, it truly sucks, doesn’t it?  From what I’ve read though, it seems at least you’ve advanced to “Issued” and awaiting return of the visa immigrant stamped passport .. after over a year.  You’re almost there!  No other options to explore other than packing up and crossing the border 😂 No other visa type.  Applying as Spouse of a US Citizen is it.  The MTL Consulate has acknowledged receipt of my inquiry today, and I expect an update status (the response will most likely be .. undergoing AP and will contact you once completed, blah, blah, blah)

in three business days.  Thanks for the reply 🫶

[Pending DS5535 24]

Can we go on a TN visa, I told the consulate that I even have a job offer (my husband and I are on IR5 Visa application, as our US-born daughter has sponsored us, was handed over ds5535 and resume from the Montreal consulate in Jan 2024), and VO asked if I have a proof of Job letter which provided at the interview? I requested to expedite it, but he said the Montreal consulate has no control, it is dependent on Washington, and how quickly they respond. He also said it is not a first-in-first-out basis. Sometimes they clear it in 30 days, sometimes, it takes 6 months. 

Edited February 16 by Pending DS5535

[Phil_K_IR1 83]

2 minutes ago, Pending DS5535 said:

Can we go on a TN visa, I told the consulate that I even have a job offer (as a reference, and my husband applied on IR5 as our US-born daughter has sponsored us), and VO asked if I have a proof of Job letter which provided at the interview? I requested to expedite it, but he said the Montreal consulate has no control, it is dependent on Washington, and how quickly they respond. He also said it is not a first-in-first-out basis. Sometimes they clear it in 30 days, sometimes, it takes 6 months. 

When your DS-260 has been accepted and you've had an interview, you become no longer eligible for a TN visa since you're pending an immigrant visa decision. 
 

That said - who told you it went to Washington and about those estimates? The interviewing officer? That's rare that they give any kind of info like that. 

[Pending DS5535 24]

5 minutes ago, Phil_K_IR1 said:

When your DS-260 has been accepted and you've had an interview, you become no longer eligible for a TN visa since you're pending an immigrant visa decision. 
 

That said - who told you it went to Washington and about those estimates? The interviewing officer? That's rare that they give any kind of info like that. 

Yes VO told to my husband and me at the interview day that it is out of MONTREAL consulate, all DS5535 needs clearance from Washington DC, (it is not first-in-first-out basis).

How you can say that they never told this to anyone, VO officer told us clearly about the expected timeline (1 or 3 or 6 months).

Edited February 16 by Pending DS5535

[Phil_K_IR1 83]

1 minute ago, Pending DS5535 said:

Yes VO told to my husband and me at the interview day that it is out of MONTREAL consulate, all DS5535 needs clearance from Washington DC, (it is not first-in-first-out basis).

How you can say that they never told this to anyone, VO officer told us clearly about the expected timeline (1 or 3 or 6 months).

People here were consistently told a few weeks (likely to get you to go happy lol). 
 

We were told a couple weeks. That was over 3 months ago. 
 

It seems MTL is sending everyone to DC clearance, blah.