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

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Filed: IR-1/CR-1 Visa Country: Canada
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18 minutes ago, Daft_Cat said:

not be persuaded to take expensive & ultimately premature steps (like filing a WoM prematurely).

Prematurely as to what time frame?  I’ve inquired as to when appropriate after being in AP (and submitting DS-5535 answers) to proceed with filing a WoM.  I’ve been told (all immigration lawyers) 6 months, 9 months, and one said “I have given up trying to determine the perfect time to file. If you wait until Trump is president though, that’s probably too late”. Another told me the government is bound by law to adjudicate ALL cases within 6 months of INTERVIEW, including those that fall into the AP category.  It seems level of urgency (how long waiting plus personal circumstances) and being able to afford to file the lawsuit, are factors 

Edited by CarmenD
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11 minutes ago, CarmenD said:

Prematurely as to what time frame?  I’ve inquired as to when appropriate after being in AP (and submitting DS-5535 answers) to proceed with filing a WoM.  I’ve been told (all immigration lawyers) 6 months, 9 months, and one said “I have given up trying to determine the perfect time to file. If you wait until Trump is president though, that’s probably too late”. Another told me the government is bound by law to adjudicate ALL cases within 6 months of INTERVIEW, including those that fall into the AP category.  It seems level of urgency (how long waiting plus personal circumstances) and being able to afford to file the lawsuit, are factors 

I think it's a moving target. Definitely on the longer end of those estimates though, and I think it's important for people to understand that it's no longer a silver bullet.

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Filed: IR-1/CR-1 Visa Country: Canada
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10 minutes ago, Daft_Cat said:

I think it's a moving target. Definitely on the longer end of those estimates though, and I think it's important for people to understand that it's no longer a silver bullet.

Thanks.  A silver bullet it is not.  Quality of representation is also important. 

Edited by CarmenD
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Filed: Citizen (apr) Country: Canada
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8 hours ago, CarmenD said:

Prematurely as to what time frame?  I’ve inquired as to when appropriate after being in AP (and submitting DS-5535 answers) to proceed with filing a WoM.  I’ve been told (all immigration lawyers) 6 months, 9 months, and one said “I have given up trying to determine the perfect time to file. If you wait until Trump is president though, that’s probably too late”. Another told me the government is bound by law to adjudicate ALL cases within 6 months of INTERVIEW, including those that fall into the AP category.  It seems level of urgency (how long waiting plus personal circumstances) and being able to afford to file the lawsuit, are factors 

Last summer a Judge rule that 15 months was not too long for AP. After that the WOM pretty much stopped working. 

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On 3/7/2024 at 12:58 PM, Phil_K_IR1 said:

We sent an email last Friday, so I'll update if we get a reply within the next couple weeks. Usually takes at least 10 business days. 
 

I've read if you email too often they won't reply. Once a month seems ok though? That's what we did. 

I’m getting updates from this Monday till today (Friday)

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For the information of folks who were only asked for Resume only - No DS-5535. It seems that other consulates are clearing those cases in 60 days for EB visas.  Look at following VJ thread if you are interested. 

azzz's Content - VisaJourney

 

Resume Requested: 21 Nov 2023 (221g)

Visa Issued: 26 Jan 2024

 

That is inline with Carson Wu declaration but not valid for Montreal consulate

That said, generally, security vetting is concluded in 75 percent of visa cases requiring additional security vetting in approximately 120 days. Security vetting is concluded in over 90 percent of all cases requiring additional security vetting in less than 24 months.

Edited by Leo The Great
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2 hours ago, Leo The Great said:

For the information of folks who were only asked for Resume only - No DS-5535. It seems that other consulates are clearing those cases in 60 days for EB visas.  Look at following VJ thread if you are interested. 

azzz's Content - VisaJourney

 

Resume Requested: 21 Nov 2023 (221g)

Visa Issued: 26 Jan 2024

 

That is inline with Carson Wu declaration but not valid for Montreal consulate

That said, generally, security vetting is concluded in 75 percent of visa cases requiring additional security vetting in approximately 120 days. Security vetting is concluded in over 90 percent of all cases requiring additional security vetting in less than 24 months.

We are IR1 and only asked for resume.

 

The 120 days from interview mark was yesterday. 😕 

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Filed: IR-1/CR-1 Visa Country: Canada
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4 minutes ago, Phil_K_IR1 said:

We are IR1 and only asked for resume.

 

The 120 days from interview mark was yesterday. 😕 

Why would they ask for a resume?

 

Also, five months since we submitted Form 5535. 

Edited by MTLaffectee
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Hey guys, like many of you I am still waiting to hear from Montreal to send my passport back. Had my interview in May 2023, wasn't asked to leave my passport and was given the 5335 form. Does anybody know how many days do they give you to send your passport and second medicals back once they contact you?

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11 hours ago, HAKS said:

Hey guys, like many of you I am still waiting to hear from Montreal to send my passport back. Had my interview in May 2023, wasn't asked to leave my passport and was given the 5335 form. Does anybody know how many days do they give you to send your passport and second medicals back once they contact you?

You need to send them the 2nd medical, passport or any other requested documents ASAP. Some VJ members have mailed their documents after 2-4 months also because either they are out of country for vacation or in US on non-immigrant work visas at the time documents were requested.  MTL takes its own time to issue visa once you submit documents.

 

 

 

Edited by Leo The Great
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Filed: K-1 Visa Country: Iran
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11 hours ago, HAKS said:

Hey guys, like many of you I am still waiting to hear from Montreal to send my passport back. Had my interview in May 2023, wasn't asked to leave my passport and was given the 5335 form. Does anybody know how many days do they give you to send your passport and second medicals back once they contact you?

Also had my interview May 2023. As far as the Canadian side goes I haven't heard anything with regards to if anyone has been approved for that timeframe yet and/or what the procedures are for resending the medical if you're still waiting to hear back. 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
11 hours ago, HAKS said:

Hey guys, like many of you I am still waiting to hear from Montreal to send my passport back. Had my interview in May 2023, wasn't asked to leave my passport and was given the 5335 form. Does anybody know how many days do they give you to send your passport and second medicals back once they contact you?

Did they contact you at some point recently to send your 2nd medical and passport back to them?

 

 

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If the consulate requests the passport, does this mean that administrative processing has been completed? My friend sent their passport back a month ago, and since then, there has been no change—still the same refused status. Medical exams are about to expire soon, causing a bit of anxiety. The main applicant has already received the passport back with the visa and an issued status, but the other one is still waiting. If consulate requested their passports on the same day, it's odd that only one was processed. Anyone experienced something like that? EB-x

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