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

[CarmenD 150]

7 minutes ago, Daft_Cat said:

Wrong address. I believe that's an admin address for appointment scheduling. Email the consulate directly at Montreal-IV-DV@state.gov. Make sure to include your case number in the subject line. 

Thank you ☺️ 

[CarmenD 150]

4 minutes ago, CarmenD said:

Thank you ☺️ 

Confirming .. The Case Number would be the MTL########## (10 digits) 👍🏻

[SEP-27-DS_5535 33]

3 minutes ago, CarmenD said:

Confirming .. The Case Number would be the MTL########## (10 digits) 👍🏻

Yes

[CarmenD 150]

4 minutes ago, CarmenD said:

Confirming .. The Case Number would be the MTL########## (10 digits) 👍🏻

 

1 minute ago, SEP-27-DS_5535 said:

Yes

Thank you.  Email sent. Almost immediately received the following “Automatic reply” 

[Lindsay901 1]

Question for those who filled out 5535 for Montreal. My husband's interview is soon and we're going in with low expectations, expecting the 5535 and a long delay. He wants to fill it out in advance so he can quickly complete it once requested. He has his 15 year travel history for other countries, but not for the US. Is US travel required to? I tried searching, only found one Reddit post that someone said US travel is exempt, but I don't know if that is true. How can he get his US travel history? He lived in the US previously on student visa for his undergrad and graduate degrees before immigrating with his family to Canada and now I'm dragging him back here, hahaha. Any advice appreciated! Thanks!

[Daft_Cat 136]

26 minutes ago, Lindsay901 said:

Question for those who filled out 5535 for Montreal. My husband's interview is soon and we're going in with low expectations, expecting the 5535 and a long delay. He wants to fill it out in advance so he can quickly complete it once requested. He has his 15 year travel history for other countries, but not for the US. Is US travel required to? I tried searching, only found one Reddit post that someone said US travel is exempt, but I don't know if that is true. How can he get his US travel history? He lived in the US previously on student visa for his undergrad and graduate degrees before immigrating with his family to Canada and now I'm dragging him back here, hahaha. Any advice appreciated! Thanks!

I was in a similar situation to your husband - extensive travel to the US due to the time I spent living there as an international student.  Others can correct me if I'm wrong, but I do not believe US travel is exempt (or, if you're living in the US on a Visa, trips back home to Canada). Or at least it was never indicated to me either on the form, by the immigration officer, or by my immigration attorney. In my case, that meant dozens of entries describing, to the best of my ability, the times I traveled from the US to Canada and vice versa (with the starting point being whichever country I was currently living). 

Two general rules for your husband, assuming he gets it: 

 

1) Answer to the best of your ability. 15 years is a long time, and he may not have exact dates for all his trips (unless he keeps amazing records). General time frames (e.g. month or approximate day) are ok in instances where it's impossible to be specific. In my case, the tail end of that that 15-year stretch extended into my teenage years. I had a couple family trips in there that were impossible to narrow down to specific dates (I don't keep my old passports, and my parents don't keep emails / paper records going back that far). In cases like that, there's really nothing you can do. Remember that they're looking specifically for red flags - travel between the US and Canada when your husband was a student is unlikely to raise eyebrows. 

2) It's better to provide too much detail rather than not enough. This goes without saying, but when in doubt, it's better to include additional details / context within your responses. Don't leave room for misinterpretation. The good news is that I don't really think the substance of our responses are all that important at the end of the day (an opinion backed up by my attorney), but you still don't want to leave room for someone to misinterpret one of your answers in bad faith. 

 

I hope he doesn't get one, but not the end of the world if he does. Just stay positive!

Edited February 21 by Daft_Cat

[MonB 0]

Hi everyone, my wife got issues a ds-5535, we did file it online after I sent an email to the consulate of US in Montreal, so my question: can she enter the US for a visit with her Canadian Passport while waiting on the ds-5535 or it's not recommended??, also can she travel to other countries as well???, will the travel affect the decision regarding her visa??

Edited February 21 by MonB

[CarmenD 150]

51 minutes ago, Daft_Cat said:

I was in a similar situation to your husband - extensive travel to the US due to the time I spent living there as an international student.  Others can correct me if I'm wrong, but I do not believe US travel is exempt (or, if you're living in the US on a Visa, trips back home to Canada). Or at least it was never indicated to me either on the form, by the immigration officer, or by my immigration attorney. In my case, that meant dozens of entries describing, to the best of my ability, the times I traveled from the US to Canada and vice versa (with the starting point being whichever country I was currently living). 

Two general rules for your husband, assuming he gets it: 

 

1) Answer to the best of your ability. 15 years is a long time, and he may not have exact dates for all his trips (unless he keeps amazing records). General time frames (e.g. month or approximate day) are ok in instances where it's impossible to be specific. In my case, the tail end of that that 15-year stretch extended into my teenage years. I had a couple family trips in there that were impossible to narrow down to specific dates (I don't keep my old passports, and my parents don't keep emails / paper records going back that far). In cases like that, there's really nothing you can do. Remember that they're looking specifically for red flags - travel between the US and Canada when your husband was a student is unlikely to raise eyebrows. 

2) It's better to provide too much detail rather than not enough. This goes without saying, but when in doubt, it's better to include additional details / context within your responses. Don't leave room for misinterpretation. The good news is that I don't really think the substance of our responses are all that important at the end of the day (an opinion backed up by my attorney), but you still don't want to leave room for someone to misinterpret one of your answers in bad faith. 

 

I hope he doesn't get one, but not the end of the world if he does. Just stay positive!

Travel to the US is certainly NOT exempt from inclusion when answering the dreaded DS-5535.  I just learned about this resource (I-94 website) which might help with travel records.  

“View Travel History 

I-94 travel history includes up to 100 arrivals and departures spanning the last ten years”

Beware though, I searched travel history for my Canadian husband, and some of the “locations” were totally off the mark (incorrect)

https://i94.cbp.dhs.gov

 

[CarmenD 150]

3 minutes ago, MonB said:

Hi everyone, while waiting on ds-5535, can I enter the US with my Canadian Passport without any issues?, will it affect my visa approval?

My understanding is yes, you can freely travel to the US with a Canadian passport, and will encounter no issues.  Not knowing what type of visa you have pending for approval, I’m hesitant to answer the other question

[Pending DS5535 21]

The ones who recently joined the forum, if don't mind, please share your info in this Excel tracking sheet.

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

[MonB 0]

It's Immigration visa

[Phil_K_IR1 83]

My wife was pulled to secondary questioning for the first time a while ago for US crossing. 
 

Just make sure you have proof of your return to canada. 

[Daft_Cat 136]

37 minutes ago, CarmenD said:

Travel to the US is certainly NOT exempt from inclusion when answering the dreaded DS-5535.  I just learned about this resource (I-94 website) which might help with travel records.  

“View Travel History 

I-94 travel history includes up to 100 arrivals and departures spanning the last ten years”

Beware though, I searched travel history for my Canadian husband, and some of the “locations” were totally off the mark (incorrect)

https://i94.cbp.dhs.gov

 

Oh wow, I had no idea this resource existed! Would've helped greatly in narrowing down some of my US travel dates. 

I think the important point for new DS-5535ers is to just be as specific as possible while proactively calling out the areas where you can only provide general details. The consulate understands that you may not be able to provide every last detail of every last trip, etc. That's a pretty high bar for anyone to reach unless you keep sterling records and travel infrequently. Similarly for some of the more granular work history stuff (exact start dates, etc.). As long as you're not willfully omitting relevant info or contradicting things that DHS or other agencies already know, you're fine. 

 

I know it's a bit nebulous, but grounds for refusal under a DS-5535 are limited to legitimate security issues. You're not going to be refused because you got the date wrong on a trip from Toronto to Chicago 10 years ago. 

Edited February 21 by Daft_Cat

[Superluminal 146]

32 minutes ago, Phil_K_IR1 said:

My wife was pulled to secondary questioning for the first time a while ago for US crossing. 
 

Just make sure you have proof of your return to canada. 

I second this piece of advice. I have found land travel to the US much more difficult than air travel, which I attribute to the fact that I always have a return flight to Canada booked. Hard to prove when you will return if you are driving in and out of the country.

 

For the new folks worried about travelling while under DS-5535: I'm actually writing this at Pearson on my way to see my wife in the US after clearing customs. I have gone back an forth over a dozen times without too much difficulty. Be honest your current status if they ask you questions about your immigrant intent. Try and have several reasons you will return back to Canada (i.e. flight back, work, medical appointments) with supporting evidence. 9 times of out 10 they don't ask but it pays to be prepared if they do.

 

 

[LYV 63]

41 minutes ago, Superluminal said:

I second this piece of advice. I have found land travel to the US much more difficult than air travel, which I attribute to the fact that I always have a return flight to Canada booked. Hard to prove when you will return if you are driving in and out of the country.

 

For the new folks worried about travelling while under DS-5535: I'm actually writing this at Pearson on my way to see my wife in the US after clearing customs. I have gone back an forth over a dozen times without too much difficulty. Be honest your current status if they ask you questions about your immigrant intent. Try and have several reasons you will return back to Canada (i.e. flight back, work, medical appointments) with supporting evidence. 9 times of out 10 they don't ask but it pays to be prepared if they do.

 

 

I have never had a problem crossing by land and have done many times but  my husband and I are immigrating together to the US. I would think it would stir up more questions if the person immigrating was going to visit their spouse/fiancé.