ALC

NP! Nope, it was almost 5 years ago.

Unlike one of my B1/B2 visas, there isn't a clearance received annotation this time... only the flu vaccine waiver thing. Now I am not even sure if I was actually in SAO, even though I was told at the interview that I got flagged and they need to send the case to DC... From the few pieces of information, I could only speculate whatever process they needed to do, was done on 8/31 (about a month after the interview), then they just sat on my case for like 6 weeks until my lawyers followed up twice. In the first reply they were saying I needed an USCIS waiver, which was very confusing to us (retrospectively, they were probably talking about the flu vaccine waiver since my medical was in June when it was waived, but the most recent processing was beginning of October; though it's something they give, not by me requesting), then the lawyers followed up again to clarify, this time they said it's pending a CO review. Both replies were standard form responses though... Luckily, just as we were contemplating our options, the request for passport email came. @ak47 Luckily, I was able to scrape by by a hair, my medical expires in mid December, and I will be landing in about two weeks.

The form of attorney representation.

It's pretty normal, I got SAO'ed for my B1/B2 a few years ago in Toronto, clearance took a month, consulate requested the passport the next day. Got SAO'ed again this time around for the IV, also took a month, except MTL sat on it for like 6 weeks, had to have my lawyers follow up twice. I'd say have your lawyer follow up (with a G-28 attached) every week or so, the worst MTL can do is to ignore you, but it may also light a fire under their asses and send you a passport request 🙂

Thank you! And yes, they do, I suspect it's mainly because most of the EB applicants have either worked, or studied and quite often both in the US, so it's easier with the verification of the records etc...

Yep, the only thing was the Security Advisory Opinion, and since I have gone through it once before, it was pretty quick (about a month), the MTL sat on it for a month and half ugh... No WoM, working remotely so didn't feel the need to, was concerned about the medical expiring though

Got the email to send the passport this morning! The last update date was 8/31, which I suspected was the date my SAO clearance was received by MTL. My lawyers followed up on the dot at the 60 days mark per DOS instruction. The first email they got was saying they were waiting on an eligibility wavier from USCIS, which I needed to provide (which was an error on their end), the lawyers followed up again after that, got an email saying the case is waiting for the review by a consular officer, and two days later got the Passport Request. Seems like the case was cleared about 1.5 months ago, and was probably just sitting there until we followed up twice... O la la...

If you can afford (time and money wise) to travel back to home for the medical and interview, I'd say do it, especially you aren't DQ'ed yet. Because depending on the consulate, when you move the case, some of the reset the DQ'ed date to the date of the move. It's as easy as sending a request to the NVC telling them you want to move the case. My lawyers tried to do it, and literally on the same day we sent the request, MTL sent the interview letter.

Did you get ds-5535?I didn’t get it, what I got is 221 g. Do you know the difference? I was told by the visa officer that as long as I mailed back the passports and Canadian police certificate, they will issue the visa in 2 weeks. I’ve mailed back my family’s passports and police certificates.Still waiting…. I got the proper DS-5535, since I needed SAO, I think, which is processed in DC... I think your case is simply they need one more piece of document and they will process the case locally in Montreal.

I was told by my lawyer that DOS doesn't even allow following up before 60 days has passed from either the day of the interview or the day you send in the additional required documents... So WOM within 60 days wouldn't definitely be out of the question. Don't want to get your hopes up falsely, but the fact that your partner's status says Ready rather than Refused, and the fact that passport was kept, is interesting, it may not take as long... Just thinking outside the box here, is it possible for you and your partner to live in QC, but practice in NY or VT for the time being. Also, I am not very well versed in the marriage green card cases as I am EB, but why couldn't you have a wedding if you don't have the green card? Can your partner not go to the US at all?

You interview was 3 months ago according to the Google Sheet tracker, are you still in AP?

It's taking 13 weeks for an American Passport to be issued, I can't imagine the Green Card to take less than that, with the COVID backlog and now the surge... To be fair, my Canadian PR card took 3-4 months, if my memory serves me right; and at least the US IV is multi entry and can be used as a Green Card upon endorsement, which I don't think you can with the Canadian IV, but maybe one could travel with the COPR? I never tried.

I don't doubt it, and I am used to it by this point lol

Yeah, American Immigration system has always been hot mess lolol

Figured I’d write up my interview experiences, now that I have a bit more time and mental clarity. I have gone through a few visa interviews in my life, but still appreciated reading other people’s experience at MTL in particular in preparation for mine. My interview was scheduled for 8:45 on 7/26, and I actually arrived closer to 9. Was let in without issue. I carried one of those string bags (Nike sports bag) with my documents and a book, I thought I’d have to fold it up and store it in the locker along with my phone, but was told the bag was ok to be brought up to the 2nd floor, after it being scanned through the X-ray machine. After getting upstairs, the experience is almost identical to what people have written here before - they gave you a number downstairs after checking the passport and confirm the appointment. Once you arrive to the 2nd floor via an elevator, you can sit and wait in the waiting area. Then they call the number to the first set of windows to collect the original documents such as passport, police certificate, birth certificate, employment letter etc. Then you wait for the actual interview, which is at another set of windows. One thing that surprised me is that the the whole process is apparently completely paper based, my folder contained the dossier my lawyers submitted to USCIS for my EB2-NIW case 4 and half years ago (with all the supporting recommendation letters, publications, references etc.) as well as the biographical documents submitted to NVC 2 years ago… Mine was only about an inch thick, but the file from the person before me was literally about a foot tall… Seems like one would mail the dossier to USCIS, they’d review and mail the package to NVC if/when approved, NVC then physically stores the paper file until they mail it to consulates around the world in time for interview… This really blows my mind, you’d think they’d have digitized this by now! I digress… I Waited for about half an hour between doc check and the actual interview. Both the doc check lady and the CO were female, both very pleasant and lovely with some exchanging of pleasantries and small talk. The interview questions were pretty standard too, and they are definitely based on your individual history and circumstances, which can be seen from the system they are using. First is the oath to tell the truth; I was then asked about my schooling and work; also if I had an employment letter. There was a bit of confusion on this one - the document intake lady asked for an employment letter, to which I told her since I am EB2-NIW, I don’t need one, but I offered her the memo my lawyer wrote, along with the I-797 indicating the EB2-NIW, as well as a letter from one of my clients in the US talking about me doing research for them, which more than satisfies the NIW requirements. However she didn’t end up taking it, assuming she just marked on my file of me not having (needing?) one. When the same question came up during the interview, I told the CO the same thing, and she said “oh so you actually have the employment letter”, and took the aforementioned 3 documents, but made a comment that my file isn’t clearly marked for NIW, which usually should have been the case. Who knows, my file was approved right before COVID and during the late stage of the Trump years, USCIS was probably hot mess at that point… She also asked me to explain my work as if I am “explaining it to a poli-sci major”, which I thought was pretty funny. She asked a couple of follow up questions and clarifications on how to type a few specific words about my research. She also asked if I ever had trouble crossing the border, which I had during covid; she can see I traveled to the US quite frequently, so I was asked why and if I had ever been in the US illegally etc., obviously no; I was also asked for the 5 year travel history, I gave her the 15 year history I had prepared in anticipation for DS-5535, she saw Cuba on there so asked if that’s just for tourism, which was the case. She also asked that I have applied for and received non-immigrant visas in the past, which I assumed was rhetorical. This part is a bit foreshadowing because at the beginnings of the Trump years, I had been put through the SAO process during the application process of a non-immigrant visa, they asked for my resume and said additional processing needs to be done in DC, before they can approve it. I checked my records, that process took a total of 3 weeks between when I emailed them my resume and receiving the clearance, and I got an email asking for my passport the very next day (I actually missed that email, ended up waiting for another month for no reason before inquiring, to which they replied promptly, lol). Towards the end, she printed out a piece of paper, handed to me saying that unfortunately they can’t approved my visa at the moment, additional checks are needed, in addition needing to confirm my case was indeed NIW, which I interpreted as very much of a secondary reason. I was told I will be receiving an email in the next day or two with further instructions (the email came the next morning); to which I asked “and you don’t know how long it’s gonna take either?”. She replied “no, because it’s not done in house (I assumed in DC), but since you have gone through this once before, hopefully it will be quick”. Given all the anecdotal evidence - being a Chinese born, American trained engineer, and her comments about the checks aren’t done in house - I am pretty sure I am flagged for SAO, the DS-5535 is probably more of a formality, since all the information asked on there, for me at least, is already covered in DS-260, and I brought my 15 year travel history and resume with me… Let’s see how long it will take this time…