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I'm really glad you can and are doing something about your case, Scott. I did read that thread, and the actual lawsuit filed. It's very interesting, and it's a step towards making the K1 process at least that little more straightforward.

Good luck, I hope that your endeavours are successful!

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Filed: AOS (apr) Country: Vietnam
Timeline
:thumbs:

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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They just got my demand letter.. I am required to submit a final demand letter before filing a writ of mandumus... Our case is only at the consulate and has not undergone any namechecks or processing outside of the consulate this year.. There are clear policies in place that dictate how long they can take to process paperwork. at the consular level they have 30 days for k1 and 60 days for CR1 after they get the documentation from the applicant...

Here is a good example of what can be done when the consulate or USCIS does not follow the rules http://www.visajourney.com/forums/topic/262322-tran-v-napolitano-class-action-lawsuit-against-dhs-ho-chi-minh-city/page__p__4025978#entry4025978

the filing is very long, but well worth the read through so you can see an example of what they do wrong and how blatant it is.

The court can compel them to do the right thing or in some cases the court takes over... that is what a writ of mandumus is for.

There are exceptions and that has to do with the DHS policy that over-rides everything else... thats where those name checks come in, but they were also told they need to get that done in a reasonable amount of time... it sucks that one has to spend thousands of dollars to make a government employee follow the rules.. the same rules they throw at us day after day... they are not above the law no matter what they may think.... the good thing is that the government in many cases is held liable for the atty fees associated with making them to the right thing...

I think the CNN thing is a very good idea as long as we all get involved. and also how long do you have to be in AP before thinking about the writ of mandumus and stuff like that? I called DOS a couple days ago and she said most all AP cases are done within 3 months. and in the FBI site it says 99% of visa case undergoing AP name checks are done within 4 months.

02-14-10: Medical exam (Passed)

03-17-10: Interview (Approved But Pending AP.)

12-01-10: Embassy Calls Husband To Send In Passport Finally After Almost 9 months Of AP!!

12-01-10: Husband Sends In Passport Via Aramex

12-11-10: Husband Picks Up Visa

12-14-10: Flight Booked

12-22-10: USA Entry[/color]

02-20-11

02-27-11

"Still Together,even after rough times."~muslimqueen

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Hey Armani, I hope all is well with your case and it ends up being nothing serious. Scott, wow thats awesome truthfully more power to you for taking action into your own hands. I'm sure we would all wanna do that so you're extremely courageous for taking that chances. Definitely keep us updated here we're all woohooing you on.

So... I today caved into my desire to call DOS even though I had already given them a call this week. Well, wish I didnt do that bc I got someone who pretty much gave me indication that nothing was being done on my case. In a few of my previous calls I was told that my husband's case was in Washington and under review. According to this women, it hasnt been updated since October when his case finally became complete and we entered AP. I insisted that she double check and shes like nope thats all the updating I see. PLus we dont see if its in Washington or not. So.... I'm freaking out now. Who is the liar? Her or the others? Knowing that it was in Washington was somewhat reassuring bc at least I knew it wasnt in limbo or whatever but now that she said otherwise I'm so sad and confused. It's been one year since interview, and apparently 9 months in AP. Anyone have any suggestions on what my next step should be, I feel like I need a solid answer somehow? ........

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Filed: IR-1/CR-1 Visa Country: Iraq
Timeline

wait just wait you know most of the battle is behind you when my case was sent back to USCIS I called DOS the lady said call every day by next week we your husband should have good news I did what she said after about a week another lady said mmmmmm you need to call your senator she wouldnt tell me why I got in touch with the Embassy and they said the case was sent back to USCIS I called DOS the same day and she said the case was sent back I called the next morning and a girl said your case is pending I asked her if the case was sent back she said no. I called later that same day a lady told me the case was sent back I told her what the girl had said and she said no I have the diplomatic pouch number and it is inroute to USCIS. So the moral of the story is when there is something eimportant they will let you know and yes the same ladies were very happy to tell me when my case was reaffirmed so hang in there your case will not show any thing they will share with you until the checks are over. I called yesterday and the lady said the last entry was May 14 when your case was received at the Embassy but she added even though there are no new data entered I can tell you case is actively being worked on. I found that late afternoon has the older more informative people working. Most of the older ladies worked there when they could give out information so they arent scared the younger ones like to say its pending. Be positive it will not be much longer

Marriage : 2008-01-26

I-130 Sent : 2008-02-06

I-130 NOA1 : 2008-02-20

I-130 Approved : 2008-03-19

NVC Received : 2008-03-25

Received DS-3032 / I-864 Bill : 2008-04-07

Pay I-864 Bill 2008-04-17

Receive I-864 Package : 2008-04-21

Return Completed I-864 : 2008-04-22

Return Completed DS-3032 : 2008-04-07

Receive IV Bill : 2008-04-20

Pay IV Bill : 2008-04-21

Receive Instruction Package : 2008-05-01

Case Completed at NVC : 2008-05-12

NVC Left : 2008-05-23

Consulate Received :

Packet 3 Received : 2008-05-01

Packet 3 Sent : 2008-05-01

Packet 4 Received : 2008-05-31

Interview Date : 2008-07-15

result AP

2009-05-15 case returned to USCIS

2009-06-29 case received at USCIS

2010-03-12 letter from USCIS stating reason for case being returned and asking for additional info of a on going relationship

2010-03-29 sent next day air-2010-03-30 10:30 USCIS signed for package

2010-03-31 USCIS updated accoun

2010-04-10 received email case reaffirmed

2010-08-18 2nd interview

9/2/2010 Visa Received

9/16/2010 Entered USA

10/15/2010 received 10 year GC

:http://spreadsheets.google.com/ccc?key=pGV...s4pIA&hl=en

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Hey Armani, I hope all is well with your case and it ends up being nothing serious. Scott, wow thats awesome truthfully more power to you for taking action into your own hands. I'm sure we would all wanna do that so you're extremely courageous for taking that chances. Definitely keep us updated here we're all woohooing you on.

So... I today caved into my desire to call DOS even though I had already given them a call this week. Well, wish I didnt do that bc I got someone who pretty much gave me indication that nothing was being done on my case. In a few of my previous calls I was told that my husband's case was in Washington and under review. According to this women, it hasnt been updated since October when his case finally became complete and we entered AP. I insisted that she double check and shes like nope thats all the updating I see. PLus we dont see if its in Washington or not. So.... I'm freaking out now. Who is the liar? Her or the others? Knowing that it was in Washington was somewhat reassuring bc at least I knew it wasnt in limbo or whatever but now that she said otherwise I'm so sad and confused. It's been one year since interview, and apparently 9 months in AP. Anyone have any suggestions on what my next step should be, I feel like I need a solid answer somehow? ........

when i call they say my case was updated march 26th which was when i got put under AP also. i think when its in WASHINGTON it dose not get Updated every time it gets "touched".

02-14-10: Medical exam (Passed)

03-17-10: Interview (Approved But Pending AP.)

12-01-10: Embassy Calls Husband To Send In Passport Finally After Almost 9 months Of AP!!

12-01-10: Husband Sends In Passport Via Aramex

12-11-10: Husband Picks Up Visa

12-14-10: Flight Booked

12-22-10: USA Entry[/color]

02-20-11

02-27-11

"Still Together,even after rough times."~muslimqueen

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wait just wait you know most of the battle is behind you when my case was sent back to USCIS I called DOS the lady said call every day by next week we your husband should have good news I did what she said after about a week another lady said mmmmmm you need to call your senator she wouldnt tell me why I got in touch with the Embassy and they said the case was sent back to USCIS I called DOS the same day and she said the case was sent back I called the next morning and a girl said your case is pending I asked her if the case was sent back she said no. I called later that same day a lady told me the case was sent back I told her what the girl had said and she said no I have the diplomatic pouch number and it is inroute to USCIS. So the moral of the story is when there is something eimportant they will let you know and yes the same ladies were very happy to tell me when my case was reaffirmed so hang in there your case will not show any thing they will share with you until the checks are over. I called yesterday and the lady said the last entry was May 14 when your case was received at the Embassy but she added even though there are no new data entered I can tell you case is actively being worked on. I found that late afternoon has the older more informative people working. Most of the older ladies worked there when they could give out information so they arent scared the younger ones like to say its pending. Be positive it will not be much longer

Around what time should i call, and do you know the names of the people who give info. everytime i call lattly they dont tell me anything. one lady seemed like she saw something but would not say. when i asked about my case she said "Its pending, then she said ok wait....let me check something else. then she was like yah its pendding that all i can tell you. and today they lady told me its pending clearince.

02-14-10: Medical exam (Passed)

03-17-10: Interview (Approved But Pending AP.)

12-01-10: Embassy Calls Husband To Send In Passport Finally After Almost 9 months Of AP!!

12-01-10: Husband Sends In Passport Via Aramex

12-11-10: Husband Picks Up Visa

12-14-10: Flight Booked

12-22-10: USA Entry[/color]

02-20-11

02-27-11

"Still Together,even after rough times."~muslimqueen

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Filed: IR-1/CR-1 Visa Country: Iraq
Timeline

I usually call between 3:30 and 4:30 Sara, Bee, Liz and Dana are helpful Also there is a lady with a heavy accent Im not sure of her name I usually hang up if I hear a young voice I dont want to waste my call LOL

Marriage : 2008-01-26

I-130 Sent : 2008-02-06

I-130 NOA1 : 2008-02-20

I-130 Approved : 2008-03-19

NVC Received : 2008-03-25

Received DS-3032 / I-864 Bill : 2008-04-07

Pay I-864 Bill 2008-04-17

Receive I-864 Package : 2008-04-21

Return Completed I-864 : 2008-04-22

Return Completed DS-3032 : 2008-04-07

Receive IV Bill : 2008-04-20

Pay IV Bill : 2008-04-21

Receive Instruction Package : 2008-05-01

Case Completed at NVC : 2008-05-12

NVC Left : 2008-05-23

Consulate Received :

Packet 3 Received : 2008-05-01

Packet 3 Sent : 2008-05-01

Packet 4 Received : 2008-05-31

Interview Date : 2008-07-15

result AP

2009-05-15 case returned to USCIS

2009-06-29 case received at USCIS

2010-03-12 letter from USCIS stating reason for case being returned and asking for additional info of a on going relationship

2010-03-29 sent next day air-2010-03-30 10:30 USCIS signed for package

2010-03-31 USCIS updated accoun

2010-04-10 received email case reaffirmed

2010-08-18 2nd interview

9/2/2010 Visa Received

9/16/2010 Entered USA

10/15/2010 received 10 year GC

:http://spreadsheets.google.com/ccc?key=pGV...s4pIA&hl=en

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Filed: Lift. Cond. (apr) Country: Kenya
Timeline

transfered to NVC means either 212 or 221g... both are types of denials and the consulate is saying we can't or won't issue the visa.... back to the states to try to get a rebuttal....:thumbs: similar to the road whatsnext has been going down...

Yikes! That's terrible.

Sorry, you're right, I didn't read it properly :blush:

You'd need as large a group as possible. Are you aware that there are a few other AP threads across VJ? There's an Islamabad one in IR-1/CR-1, a Cairo one in MENA, and the other regional forums probably have one too...you could try to drum up interest/support there as well.

The engineers group had an advantage over the likes of me, and almost all other AP-ers, in that they've lived, worked, studied in the US, some for many years. I've been to the US a few times, and many AP-ers have never been to the US from what I understand. Public support/interest will be harder to come by :(

I agree---I just don't know if everyone wants to disclose who they truly are. I wasn't aware of the other AP threads. Thanks for the heads up. All those who are in AP--they have a fiance or spouse in the U.S who have some sort of rights. I am sure we do!! I work at a hospital and I see how well we treat the illegal immigrations and care so much about their "human rights." What about the rest of us who do it the "right" way but don't get the "human rights" shoulder. I am not saying get rid of AP. I understand we need it for safety of U.S--but have a time line...not the attitude of "it will get done when it gets done." We have lives to lead, plan, etc, etc. I'll try to make my previous post more alive and hopefully we can start a discussion/ideas to get some takers and interest in the idea. I welcome any suggestions anyone else has.

They just got my demand letter.. I am required to submit a final demand letter before filing a writ of mandumus... Our case is only at the consulate and has not undergone any namechecks or processing outside of the consulate this year.. There are clear policies in place that dictate how long they can take to process paperwork. at the consular level they have 30 days for k1 and 60 days for CR1 after they get the documentation from the applicant...

Here is a good example of what can be done when the consulate or USCIS does not follow the rules http://www.visajourney.com/forums/topic/262322-tran-v-napolitano-class-action-lawsuit-against-dhs-ho-chi-minh-city/page__p__4025978#entry4025978

the filing is very long, but well worth the read through so you can see an example of what they do wrong and how blatant it is.

The court can compel them to do the right thing or in some cases the court takes over... that is what a writ of mandumus is for.

Good luck! I'm glad someone is taking a stand.

I think the CNN thing is a very good idea as long as we all get involved. and also how long do you have to be in AP before thinking about the writ of mandumus and stuff like that? I called DOS a couple days ago and she said most all AP cases are done within 3 months. and in the FBI site it says 99% of visa case undergoing AP name checks are done within 4 months.

Hi MQ, welcome back! I think we can look at whatznext spreadsheet and see who has been on their for more than 4 months. We just need to start discussion on how to go about it and get others interested or just get the word out. I've been in AP for 64 days and it's been pure hell. I can't imagine what it is like for everyone who has been in it for months on end or years on end. Those of us who are doing it legally---should be rewarded not punished more by being locked up in this dark jail of unknown.

J1 Waiver: April 24, 2009 -- October 1, 2009
K1: October 6, 2009 -- April 29, 2010
AP: April 29, 2010 -- July 28, 2010
Visa: August 03, 2010
POE: August 19, 2010
AOS: September 13, 2010 -- November 10, 2010
Received GreenCard: November 17, 2010



ROC: Mailed packet: 8/10/2012
NOA1: 8/14/2012
Check Cashed: 8/16/2012
Biometrics Appt: 9/10/2012
RFE: 4/08/2013. Request to RFE sent: 4/19/2013
GC Approval Letter Received: 5/03/2013
GC Received: 00/00/00

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Filed: K-3 Visa Country: India
Timeline

there is a lady with a heavy accent Im not sure of her name I usually hang up if I hear a young voice I dont want to waste my call LOL

OMG... she was the first one that I talked with... that hefer actually told me to pray... was soooo creepy.. :rofl:

Hubby is calling the embassy on Friday :D

~ NVC Journey~

22 days at NVC

03/18/2010: Case Complete!

03/25/2010: Called NVC .. INTERVIEW May 27 @ 7:45!! Woot Woot

05/27/2010: Approved at the interview, but put on AP afterwards :(

06/27/2010: Really missing my Hubby :*(

07/29/2010: Visa Issued!! AP is OVER!!

07/31/2010: Visa in hand!!! Thank you GOD!

09/01/2010: POE JFK

2 Amazing Years Later!!!

~Lifting Conditions~

08/09/2012: File I-751 Packet

08/17/2012: NOA I-751 Receipt Notice recieved!

"Distance means nothing for love. Even the sun is so far away; yet, its energy blossoms the flowers on earth."

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Filed: K-1 Visa Country: Iraq
Timeline

I have written letters to fox and cnn and got no response. Im not sure if or how to go about trying to make a change in the system. Mabe research senators or congressmen whom want immigration reform and try and go to or get a congressional hearing.There needs to be change. But i have no idea how to make it happen. Most people dont want to help immigrants they dont want more immigrants so why help us. It sucks . We are all suffering but seem to have not to many options for help. we are coming up on 7 months of ap.

Edited by bridget and alen

bridget

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Filed: K-3 Visa Country: India
Timeline

I called DOS this morning and spoke to a young guy???<this was a first> Not that he was helpful... but he was very pleasant to speak with, I asked him to update me on whats going on... well of course we are still under review... I asked where Washington... he said NO the case is being reviewed at the consulate... I was like #######.. then I asked him why on Monday did they say that we were being reviewed at Washington... sooo confusing... I am going to call back this afternoon and see what they say... how come some ppl can see things and others cant.. it is like they are looking at different computer screens... or maybe they dont know what all the abbreviations mean. Last week when we called the embassy I was told that we are under an internal review but that they do share files with Washington... what is the difference?

~ NVC Journey~

22 days at NVC

03/18/2010: Case Complete!

03/25/2010: Called NVC .. INTERVIEW May 27 @ 7:45!! Woot Woot

05/27/2010: Approved at the interview, but put on AP afterwards :(

06/27/2010: Really missing my Hubby :*(

07/29/2010: Visa Issued!! AP is OVER!!

07/31/2010: Visa in hand!!! Thank you GOD!

09/01/2010: POE JFK

2 Amazing Years Later!!!

~Lifting Conditions~

08/09/2012: File I-751 Packet

08/17/2012: NOA I-751 Receipt Notice recieved!

"Distance means nothing for love. Even the sun is so far away; yet, its energy blossoms the flowers on earth."

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Filed: Citizen (apr) Country: Egypt
Timeline

How are y'all ? I hope that y'all will hear good news soon .And y'all are in my prayers .

Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

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I called DOS this morning and spoke to a young guy???<this was a first> Not that he was helpful... but he was very pleasant to speak with, I asked him to update me on whats going on... well of course we are still under review... I asked where Washington... he said NO the case is being reviewed at the consulate... I was like #######.. then I asked him why on Monday did they say that we were being reviewed at Washington... sooo confusing... I am going to call back this afternoon and see what they say... how come some ppl can see things and others cant.. it is like they are looking at different computer screens... or maybe they dont know what all the abbreviations mean. Last week when we called the embassy I was told that we are under an internal review but that they do share files with Washington... what is the difference?

Thats Chris i think.. He is sweet but no help at all. and when i ask is it washington or name checks they say "The file its self is always at the embassy" Im like did i ask that? lol

02-14-10: Medical exam (Passed)

03-17-10: Interview (Approved But Pending AP.)

12-01-10: Embassy Calls Husband To Send In Passport Finally After Almost 9 months Of AP!!

12-01-10: Husband Sends In Passport Via Aramex

12-11-10: Husband Picks Up Visa

12-14-10: Flight Booked

12-22-10: USA Entry[/color]

02-20-11

02-27-11

"Still Together,even after rough times."~muslimqueen

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I called DOS this morning and spoke to a young guy???<this was a first> Not that he was helpful... but he was very pleasant to speak with, I asked him to update me on whats going on... well of course we are still under review... I asked where Washington... he said NO the case is being reviewed at the consulate... I was like #######.. then I asked him why on Monday did they say that we were being reviewed at Washington... sooo confusing... I am going to call back this afternoon and see what they say... how come some ppl can see things and others cant.. it is like they are looking at different computer screens... or maybe they dont know what all the abbreviations mean. Last week when we called the embassy I was told that we are under an internal review but that they do share files with Washington... what is the difference?

Was it Chris? He's the only guy I've spoken to...the last time I got him he told me that my case was finished in Washington and that it was back at the embassy...I got very excited, thinking yay, I could be getting my visa soon. Approximately a fortnight passed and nothing, I called again and specifically asked, and they said no, it's still in Washington. I'm sorry, but I forgot who else on here he gave the impression that good news was around the corner, end of May, only for nothing to change :(

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