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

[SEP-27-DS_5535 33]

Just now, SEP-27-DS_5535 said:

My understanding is once the DS-5535 is submitted the consulate will prepare our file and send it for SAO. And the VO can’t open your file until the case is resolved by DOS.

As per the declaration by Carlson WU “Acting Director of SAO office”. The DS-5535 cases are not “First-in & First-out” basis. This entire process is vague.

[Superluminal 146]

3 minutes ago, SEP-27-DS_5535 said:

As per the declaration by Carlson WU “Acting Director of SAO office”. The DS-5535 cases are not “First-in & First-out” basis. This entire process is vague.

My interpretation of this is different then the lawyers. First-in first-out means if your case is next in line that they can't complete any other cases until yours is complete. However, some cases take longer than others and they are likely doing several in parallel. As a result, some cases will clear faster than others. That does not mean that they don't process the DS-5535s in a particular order.

[SEP-27-DS_5535 33]

Also, I would like to ask members that if they notice last case updated date around evening time. As I am continuously checking my case status every day and every hour. I know it’s not good for the mental health but what to do. I noticed my case was update after 6:00 pm on Feb 20th

[SEP-27-DS_5535 33]

3 minutes ago, Superluminal said:

My interpretation of this is different than the lawyers. First-in first-out means if your case is next in line that they can't complete any other cases until yours is complete. However, some cases take longer than others and they are likely doing several in parallel. As a result, some cases will clear faster than others. That does not mean that they don't process the DS-5535s in a particular order.

Thank you @Superluminal

[CarmenD 150]

1 hour ago, Daft_Cat said:

That's interesting and points away from theory #1 (that my WOM is proving useful). 

Given that you filed a bit earlier than I, perhaps the difference in our experience is indicative of the real-time shift in the State Department's approach. 

 

To provide additional context, about a month after I filed, the State Department signaled that they would be filing a Motion to Dismiss. Fortunately (or so I thought at the time), we were able to dissuade the US attorney by highlighting the amount of time I had been waiting. We essentially convinced her that there was a good shot the MtD wouldn't hold up. The result was that the US attorney asked for an extension instead and said she work with her clients to speed things up. 

 

Unfortunately, all that followed was a second extension request, which came through right around Christmas (probably due to vacation schedules), and a MtD, which arrived in mid-Jan. The US attorney implied that her hand was being forced. 

Throughout all of this, there were no case updates. My case was never touched. 

 

To me, this implies that the State Department's current strategy is to dismiss pretty much all WOMs, regardless of time waited or underlying circumstances. At least as far as Montreal is concerned. It seems possible that the State Department isn't even reaching out to the consulate to inform them of the suit. Otherwise you'd expect that there would've been at least a couple of updates triggered by the opening of my case. 

 

At the same time, we've signaled our intention to fight the MtD, so it's possible the consulate is now aware and is processing my application as a result. Seems unlikely though. 

One more thing.  This is the initial “generic” response I received from the MTL Consulate in response to my inquiry of February 16 for status.  Looks familiar?

[SEP-27-DS_5535 33]

53 minutes ago, CarmenD said:

One more thing.  This is the initial “generic” response I received from the MTL Consulate in response to my inquiry of February 16 for status.  Looks familiar?

Yes

[tdot2nj 71]

The government just got served our WOM last week. I’m just curious to know with some of you that have filed a WOM how quickly the government responded? 

[CarmenD 150]

15 minutes ago, SEP-27-DS_5535 said:

Yes

Thank you.  Not holding my breath for further follow-up from the Consulate 

[Daft_Cat 136]

24 minutes ago, tdot2nj said:

The government just got served our WOM last week. I’m just curious to know with some of you that have filed a WOM how quickly the government responded? 

60 days for their initial response. At that point they’ll either ask for a 30-45 day extension or they’ll fire a motion to dismiss. In the latter case you have 2 weeks to respond, ask for an extension, or withdraw the WOM.

[Leo The Great 141]

2 hours ago, CarmenD said:

One more thing.  This is the initial “generic” response I received from the MTL Consulate in response to my inquiry of February 16 for status.  Looks familiar?

nope

[Phil_K_IR1 83]

I remember an earlier discussion around a FOIA request, did anyone try that? 
 

Curious if it can apply to the DoS and see if it can shed light on what is going on behind the scenes. 

[Inveigh 69]

12 hours ago, Phil_K_IR1 said:

I remember an earlier discussion around a FOIA request, did anyone try that? 
 

Curious if it can apply to the DoS and see if it can shed light on what is going on behind the scenes. 

Different Embassy I am aware, but I submitted a FOIA through USCIS and am awaiting a response. If you want to get answers for your specific case I would start immediately as these things take time.

 

I believe they had expedited processing for specific reasonings but only on the FOIA Website. 

Edited February 23 by Inveigh

[mam521 2,063]

Just a heads up for when you guys do finally clear security and can rejoin your loved ones - as a permanent resident, you will not have an I-94 record to rely on.  Once you become an LPR, the US no longer has to worry about your status and overstays.  That said, if you plan to apply for citizenship under the 3 or 5 year rule, depending which you choose, you will have to provide travel history.  I highly recommend getting into the habit of filling out a spreadsheet to track this information so you're not stuck rifling through your airline's app and credit card statements to rebuild this history and even worse - if you cross by land, trying to track that information down.  

 

For those of you who may be perusing the forum and weren't aware but are on work visas, especially those on TN's, ALWAYS pull your I-94 record to verify you've been statused correctly by CBP.  Many people have been in a situation where they should have been statused as a TN and CBP entered B.  You're not legally entitled to work when you're on a B visa.  This has to be fixed. 

 

Additionally, people don't pay attention to the expiration because their visa is supposedly good for 3 years (depending on type), but the I-94 will be for less.  This is often tied to the expiration of the visa holder's passport.  The visa holder needs to get a new passport and present it to CBP prior to the expiration listed on the I-94.  The officer will then extend the I-94 expiration to match the visa expiration.  Both the incorrect status and the I-94 corrected extension can be done at a Deferred Inspection site.  

[CarmenD 150]

2 hours ago, mam521 said:

Just a heads up for when you guys do finally clear security and can rejoin your loved ones - as a permanent resident, you will not have an I-94 record to rely on.  Once you become an LPR, the US no longer has to worry about your status and overstays.  That said, if you plan to apply for citizenship under the 3 or 5 year rule, depending which you choose, you will have to provide travel history.  I highly recommend getting into the habit of filling out a spreadsheet to track this information so you're not stuck rifling through your airline's app and credit card statements to rebuild this history and even worse - if you cross by land, trying to track that information down.  

 

For those of you who may be perusing the forum and weren't aware but are on work visas, especially those on TN's, ALWAYS pull your I-94 record to verify you've been statused correctly by CBP.  Many people have been in a situation where they should have been statused as a TN and CBP entered B.  You're not legally entitled to work when you're on a B visa.  This has to be fixed. 

 

Additionally, people don't pay attention to the expiration because their visa is supposedly good for 3 years (depending on type), but the I-94 will be for less.  This is often tied to the expiration of the visa holder's passport.  The visa holder needs to get a new passport and present it to CBP prior to the expiration listed on the I-94.  The officer will then extend the I-94 expiration to match the visa expiration.  Both the incorrect status and the I-94 corrected extension can be done at a Deferred Inspection site.  

Thank you for posting.  I just recently learned about the I-94 website and looked up my Canadian husband’s travel history.  The dates are fairly accurate, but the Locations are not.  It shows the FAA airport identifiers, but “427” is where?, plus arrival at “LEW” (Auburn, Maine) is definitely incorrect; so beware 

[MTLaffectee 45]

Hello everyone, I am new to this thread but my wife and I are in the same boat. My wife had her interview at the Montreal Consulate on October 6, 2023, and was refused a visa and asked to submit a DS-5535. We submitted the form on October 8, 2023. I engaged my congressperson at the beginning of November and that is the only time case status was updated. The office of the congressperson said that they could not help expedite administrative processing and could only inquire about the status on our behalf. 

 

I have not inquired about whether the Consulate has received our DS-5535 form or asked for any update since the interview (except through the office of the congressperson). I am sure I don't have to tell you all how frustrating this whole process has been and I found this thread last night and went through all 22 pages (it has not been very good for my mental health to say the least but all very helpful information). It is very frustrating to see the timelines shared by members here and just goes to show how broken our system is. I don't understand the purpose of the administrative process and the mystery surrounding it except that it is their way to slow down immigration. I apologize for rumbling and unloading my trauma here. We will see the end of it together.