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

[DS5535TXCAN 18]

18 hours ago, CarmenD said:

CORRECTION;  7 weeks from

from Consulate passport request after AP clearance (that took a bit over a year) TO Issued status (no longer Refused)

 

Thank you for providing this information. We have not heard anything this week nor any case status updates. I am not holding my breath for tomorrow either. Something must have snagged on their end for them to stop processing or stop reviewing our case. It seems everyone so far from 2023 CR/IR has had their case processed and IV issued. Reviewing CEAC every day does not help our mental health either. 

 

We've requested our congressmen to inquire (has not even replied to our email to confirm) as well as my spouse. If nothing comes out of these, I feel like the only way to push the consulate to make a decision will be a WOM. 

 

Keep us in your prayers 🙏

[tdot2nj 52]

1 hour ago, mariagomez said:

How do I find out which congressman to reach out to? I’m the foreign fiancée in this case, my fiancé is the American Citizen and I’m Canadian! He lives in Hawaii 

I would google it. There should be information on the states website. 

[tophy123 0]

hey guys is this the only email we can use to reach the consulate for updates?

 

Montreal-IV-DV@state.gov

 

[CarmenD 147]

2 hours ago, DS5535TXCAN said:

 

Thank you for providing this information. We have not heard anything this week nor any case status updates. I am not holding my breath for tomorrow either. Something must have snagged on their end for them to stop processing or stop reviewing our case. It seems everyone so far from 2023 CR/IR has had their case processed and IV issued. Reviewing CEAC every day does not help our mental health either. 

 

We've requested our congressmen to inquire (has not even replied to our email to confirm) as well as my spouse. If nothing comes out of these, I feel like the only way to push the consulate to make a decision will be a WOM. 

 

Keep us in your prayers 🙏

You’re welcome!   🤲 🙏🏻 your case processes soon and no WOM needed 

[CarmenD 147]

1 hour ago, tophy123 said:

hey guys is this the only email we can use to reach the consulate for updates?

 

Montreal-IV-DV@state.gov

 

YES

[DS5535_jan2024 30]

Received my passport with Visa yesterday. 

Between requesting my 2nd medical (Aug 6) to when I had it in hand, it was 8.5 weeks (and this included an inquiry from our congressperson). 
 

The clearance date on my visa aligns with my first unsolicited update on July 25.

 

[SEP-27-DS_5535 31]

Any unsolicited updates for anyone struck in AP? I received one today, I don’t know if it’s due to my congressman might contacted the consulate because I haven’t heard anything from my congressman. I contacted my congressman yesterday but he didn’t get back to me. 
 

I would appreciate if anyone waiting for AP clearance can update if they’ve received any updates today or previously.

[Cholte cholte 12]

Most of the time it is because either your or your congressman has enquired. 

[SEP-27-DS_5535 31]

1 minute ago, Cholte cholte said:

Most of the time it is because either your or your congressman has enquired. 

My congressman didn’t even acknowledge us  if he had sent any inquiry on our behalf. So, I doubt it’s because of him. 
 

I hit the 1 year mark today of submitting DS-5535. I also recently updated my DS-260 (Monday) as it was re-opened after 1year of the interview date.

 

I submitted CV and DA-5535 on September 29th and my case was refuse again on October 4th, 2024. I am guessing the case last update date might be updated due hitting exactly the 1year. 
 

Anyone here can shed some light on this issue….

[CarmenD 147]

On 10/3/2024 at 2:08 PM, Ontarkie said:

As others have mentioned the medical cannot be done in the US. 

 

Only one hic-up here. Once your wife endorses her visa she is no longer a resident of Canada and cannot use the Canadian health care system. Many on here will disagree because if you called the Health Canada all you are talking to is the call center. They will read the part like students and snowbirds retain their health care. But once it reaches the ppl who investigate these things you will get a hefty bill, it's not fast but they are cracking down in this stuff and inforcing it. Don't do it. If she is really close do not endorse the visa and wait until baby is born. Then you will also have to do CRBA to bring baby into the US.

 

You can add your wife on to your health care through your employer the minute she moves. Moving to be with a spouse is enough reason to add her on. They do not need her SSN, they might give you a hard time but they truly do not need it. Get her added asap. Plan on delivering in the US so get that ball rolling now.

I called Ontario Health (800/2678097) this morning to inquire directly, as I was under the impression that OHIP coverage is not necessarily lost the moment one crosses the border (solely due to) to activate a US IV.  I specifically mentioned crossing the border to activate, returning to Canada to conclude steps shortly after, and move away for good at that time

 

I wanted to confirm OHIP coverage as our exit plan consists of flying to the U.S. to activate my husband’s GC, meet with realtors to view and secure a rental property, and fly/return to Canada 10 days or so after to orchestrate and carry out the permanent move to the US

 

You can cross/activate and return to your existing home in Ontario and still be eligible for healthcare; as in Ontario's eyes, you are considered a resident until you physically permanently move out of the Province

 

You may temporarily be outside of Canada for a total of 212 days in a 12-month period and still maintain your OHIP coverage as long as your primary place of residence is still in Ontario, which will be true in our case

 

In other words, until we permanently leave Canada and move to the US, Ontario will remain as our primary place of residence, US IV activation notwithstanding 

 

I am a US Citizen with Permanent Resident status in Canada.  Being a US Citizen does not hinder or negate my ability to be covered by OHIP unless and until I no longer meet the yearly minimum days for eligibility.  Same applies for a Canadian citizen activating a US IV (US Permanent Residency)

 

Eligibility is all they are concerned with, I was informed both times I called, speaking to different representatives

[CarmenD 147]

20 hours ago, mariagomez said:

How do I find out which congressman to reach out to? I’m the foreign fiancée in this case, my fiancé is the American Citizen and I’m Canadian! He lives in Hawaii 

http://www.house.gov/representatives. Good luck 🤞🏻 

[Ontarkie 14,169]

31 minutes ago, CarmenD said:

 

I called Ontario Health (800/2678097) this morning to inquire directly, as I was under the impression that OHIP coverage is not necessarily lost the moment one crosses the border (solely due to) to activate a US IV.  I specifically mentioned crossing the border to activate, returning to Canada to conclude steps shortly after, and move away for good at that time

 

I wanted to confirm OHIP coverage as our exit plan consists of flying to the U.S. to activate my husband’s GC, meet with realtors to view and secure a rental property, and fly/return to Canada 10 days or so after to orchestrate and carry out the permanent move to the US

 

You can cross/activate and return to your existing home in Ontario and still be eligible for healthcare; as in Ontario's eyes, you are considered a resident until you physically permanently move out of the Province

 

You may temporarily be outside of Canada for a total of 212 days in a 12-month period and still maintain your OHIP coverage as long as your primary place of residence is still in Ontario, which will be true in our case

 

In other words, until we permanently leave Canada and move to the US, Ontario will remain as our primary place of residence, US IV activation notwithstanding 

 

I am a US Citizen with Permanent Resident status in Canada.  Being a US Citizen does not hinder or negate my ability to be covered by OHIP unless and until I no longer meet the yearly minimum days for eligibility.  Same applies for a Canadian citizen activating a US IV (US Permanent Residency)

 

Eligibility is all they are concerned with, I was informed both times I called, speaking to different representatives

I'm sorry but that is not how it works and you can see why this causes so much confusion for Canadians. It's not like a work visa, or student visa. With even a K-1 Visa which is a non immigrant visa they consider you no longer a resident on the day you cross and get that visa endorsed. 

 

When you cross the border to endorse the visa you are no longer a resident of Canada, because that is the date you tell the US you are now a US PR.

When you file your exit taxes you will mark the day the visa is endorsed. If you get baby bonus, whatever the GST is call now they all go by the date the visa is stamped. If you get any of those they will want their money back for that month and they will be the first to figure it out. 

 

The 212 days outside the US is for students and snowbirds, not someone who shows up at the border with a visa declaring that on this day you are a US PR. That is how they decide you are no longer a Canadian Resident. 

 

Over the years we have had many Canadians end up with a bill. I'm not making this up, it's experience and time on here that has proven otherwise. 

 

 

Edited 12 hours ago by Ontarkie

[tdot2nj 52]

13 minutes ago, Ontarkie said:

I'm sorry but that is not how it works and you can see why this causes so much confusion for Canadians. It's not like a work visa, or student visa. With even a K-1 Visa which is a non immigrant visa they consider you no longer a resident on the day you cross and get that visa endorsed. 

 

When you cross the border to endorse the visa you are no longer a resident of Canada, because that is the date you tell the US you are now a US PR.

When you file your exit taxes you will mark the day the visa is endorsed. If you get baby bonus, whatever the GST is call now they all go by the date the visa is stamped. If you get any of those they will want their money back for that month and they will be the first to figure it out. 

 

The 212 days outside the US is for students and snowbirds, not someone who shows up at the border with a visa declaring that on this day you are a US PR. That is how they decide you are no longer a Canadian Resident. 

 

Over the years we have had many Canadians end up with a bill. I'm not making this up, it's experience and time on here that has proven otherwise. 

 

 

OK, so this is not making sense to me. What if I crossed the border after getting my visa but my job is still on the Canadian side I will still be required to file taxes for 2023 in Canada therefore I should still have healthcare coverage. I’m not quitting my job in Canada until I don’t get a job on the other side of the border therefore, I would still have healthcare coverage here even after activating my green card.

[mariagomez 8]

25 minutes ago, CarmenD said:

http://www.house.gov/representatives. Good luck 🤞🏻 

Thank you so much! I always appreciate how much you help all of us here! 

[Ontarkie 14,169]

2 hours ago, tdot2nj said:

OK, so this is not making sense to me. What if I crossed the border after getting my visa but my job is still on the Canadian side I will still be required to file taxes for 2023 in Canada therefore I should still have healthcare coverage. I’m not quitting my job in Canada until I don’t get a job on the other side of the border therefore, I would still have healthcare coverage here even after activating my green card.

We used to have a member who worked on the Canadian side of the border for CBP. She had to pay taxes for Health care and still could not use it. Now if your employer has the added on Dental you pay,  you can use that as it is fully paid by your employer and you, but any health care cover add ons are supplemental and you can't use them.

 

For taxes yes you would continue to pay for 2023 and 2024 but no you can't use the medical. They do not care if you continue to work in Canada and pay into the health care. Your residence would be in the US and that is what they go by.