APRIL2023
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Everything posted by APRIL2023
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Were you given other instructions? Was DS5535 form ever mentioned? Many of us had our visa "refused" as we await for administrative Processing to be cleared. Unfortunately it has taken some of us 1.5 years (me 8 months in counting) to have it cleared. Check out this group:
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Going though AOS through H1B would make sense given the dual intent nature. I am in the states as a visitor (B1), which is why my lawyer would advise against it.
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For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP, I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER.
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I can empathize with you guys too. Hang in there everyone!! Hopefully things will change up a bit in the new year!
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Sucks that you are stuck in this situation. Sorry I don’t have an answer for your question, but I do have a few questions for you. Were you flagged for DS5535 /AP for BOTH L1 and EB2 visa? If yes, how long did it take your L1 AP to clear?
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So you plan to mail in your Canadian passport once you are back in US? How does that work? I thought you need your passport in hand while inside US as Canadian? I’m curious to know as I might be in same situation where I can’t afford to wait in Canada for long period of time just for them to return my passport (once my whole AP is cleared).
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Sorry just saw others posting the same question! this is strange because you would think that the NVC would have ensure all documents are good and wouldn’t need any further documents post interview. Like my police check or your proof of domicile. I’d always ponder if my improper police certificate had placed me on AP…
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Did u receive request to submit documents in December? My interview was in April. I had to submit ds5535 and the proper police certificate. I was also told to hold off on sending my police certificate (and passport) until the consulate reaches out, which is when all my APs checks are completed. If they request for your passport then the wait shouldn’t be that much longer?
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I’ve tried my local congresswoman in California. No help, as they got the same generic response that I would get. Did not get a response from the Senator.
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No recent updates since Oct 6. Didn’t get a response either with my email inquires. I seek legal counsel from Goldstein back in august regard filing a ROM, but have decided against it at the time. The firm did acknowledge the increasing incidents of MTD and they are changing their approach to avoid it. They also would push back if encounter a MTD, but weren’t specific about additional fees. They only say: “Depending on what we need to do next, you might be required to pay a filing fee. That being said, more cases are delayed and immigration is extremely backlogged and the processing times are constantly changing. Immigration is requesting more time to work on processing cases. Therefore we needed to change our approach to avoid our cases getting dismissed and have changed our waiting period for filing. We now wait longer before filing.” I debated on submitting an online feedback regarding ds5535 but didn’t end up doing so. USCIS is probably the ones of the top immigration entity, if not best, in the world. The DS5535 is strategically woven into this part of work flow for a reason. There’s a lack of tracking metrics and transparency to AP wait time for a reason. How much would public input really influence their processes? I guess it wouldn’t hurt to try. After being in this process for close to 8 months now, I am beyond jaded. With everything happening around the world, I can only imagine that resources are diverted to address immigration issues for American trying to repatriate back to the states, or even fast tracking petition status for those in life and death situation. Doesn’t help with the frequent threats to government shut down and the upcoming election. This forum is a nice place to vent, at least someone is hearing you out. Thank you for listening guys.
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- montreal k-1
- montreal canada
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I see. I was previously advised by legal counsel that TN could be a possibility, as long as you can make a case that the intention is to leave the country once your AP is resolved so you can be admitted to US through your applied visa type. Of course this is not 100% guaranteed and is still based on the discretion of the officer at the boarder.
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Why will a TN be 100% denied?
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Curious though, wouldn’t it stay on your record if it’s a denied entry at the boarder?
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Does that mean your application starts over? Is there an additional cost and wait to resubmit DS260?
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Just have to answer whatever is asked. Keep it simple. Make sure you have your return flight details handy because they will ask you. They want to make sure that your intension is to return to Canada and not stay in US.
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So far any forms of communication would have triggered a status update for me. I did have a few unsolicited updates in the past and that gave me hope that something is happening in the background. I’d been in AP for 6 months now so hopefully something IS happening. Before, the consulate was responsive with my email inquires with response time around 1 week. Now, they have gone radio silence despite multiple inquiries. Feels like the boat for filing WOM has sailed for urging responses, with increasing likelihood of case dismissal. Side note, we did reach out to the White House for support. Our inquires was forwarded to DOS representatives which was expected. Though it was a personalized letter response with wording different from the responses from the consulate, the messaging pretty says we (anyone placed on AP) is SOL cause no one is there to help you. I stopped checking my status everyday now, cause there’s no point in speculating anything. This forum is comforting cause I know at least I’m not the only one going through this! Hang in there everyone!
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- montreal k-1
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How did they disclose this being the reason for 221g?
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Same here. Not even if there's a job offer on the line.
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I emailed them this month and I received a response within 1 week. Aside from the first sentence, the response I received pretty much contained the same generic info as the one above.
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and am I seeing this right? Only ~61% approval rate after extensive checks? I thought it'll be higher than that!
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WOW!! thank you for the DV stats website. I have no idea this exists!!! https://dv221g.vercel.app/stats/2023
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It was AP with DS5535. Topic of WOM comes up so frequently in this forum and many members have their case expedited after filing one. It's frustrating, because there's no where to know how many actual cases of AP with DS5535 there are through Montreal and timeline for resolution other than the information fathered via this forum. Many members have commented that reaching out to local congress representatives is useless. I have been in contact with mine and they have advised against filing DOM for now, as they are seeing progress with my case. They mentioned that my case is uncommon and they have helped many people that have been in same situation as me (IR1 visa, healthcare professional with American children <4 and American spouse) I have e-mailed Montreal consulate multiple times and they have responded each time within a week. My status have been updated 5-6 times, with some took place at the beginning of this 110 wait and 3 within the two weeks (last being July 31). I have consulted Goldstein and they did advised that I can proceed at 80ish days-wait given the context of my case. But they also gave me a timeline of 3-4 months wait to hear back after I file with them. I can't help but to question whether or not it's a money grab from lawyers if they know that it'll be resolved soon. like... how often does Montreal not meet the WOM deadline?
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221G Montreal
APRIL2023 replied to AAA67's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
What action did your local congressperson do? I am in similar situation as you (interview in April). Representatives from my local congresswoman’s office are friendly and have reached out to the appropriate departments to follow-up. Unfortunately no updates on my status as of yet. Anything for you? -
Question - have anyone that had their interview in April and was placed on AP heard back yet? It has been close to four months and I’m hesitant to file a WOM, in hopes that something will happen over the next month or so.
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I am aware of this. the update happened spontaneously without email communication