AP: 1 year today

[tammy2688 1]

I always thought they had a 1 year limit. I guess that is out too. Where can you find peace? Yes, there are no timelines but during my 6th, 7th, 8th, 9th, 10th, and 11th month, I atleast had the hope it would be done soon.

I hope even my worst enemy doesn't have to go through this.

[indianheart 2]

Tammy,

I thought they were just waiting for your husbands medical to be redone. what more are they asking for?

[tammy2688 1]

That is EXACTLY what I want to know. I am going to call them. If they try to shoe me away I will be hurt but I have to try.

[Shakil 4]

Tammy AOA,

I have read quite a bit of posts that you do. Very enlightening. I am kind of surprised to the fact that the embassy is not giving you a proper reply. US Embassies and Consulates around the world work under the Dept of State. You can get in contact with them over here in the US. If that is not working out for you, file a writ of mandamus. If you have not done anything illegal and wrong why should you be scared. I myself did a writ of Mandamus and got AOS cleared in 15 days. Writ of Mandamus is not fighting with the govt, its just asking for help from the court to order dept of state or in my case USCIS to adjudicate my case. Did you ever look into that?

[tammy2688 1]

Shakil, I always appreciate every suggestion. I try everything also. So I did make a call to the embassy and after talking to the American Citizens Unit, general visa unit and more specifically, the Non-immigrant visa unit, I learned that there is no direct line for the IV cases. Their system is filling an inquiry form and submitting that. They say they will respond after 2 weeks. I will do this, and thank you for the push of confidence for me to call the embassy.

I will see if this inquiry is fruitful and also send a fax.

I am very pleased your proactive efforts proved fruitful! Congrats on the AOS and I wish you the best.

God bless,

Tam

Edited September 25, 2008 by tammy2688

[JULIAFERNO 0]

Tammy AOA,

I have read quite a bit of posts that you do. Very enlightening. I am kind of surprised to the fact that the embassy is not giving you a proper reply. US Embassies and Consulates around the world work under the Dept of State. You can get in contact with them over here in the US. If that is not working out for you, file a writ of mandamus. If you have not done anything illegal and wrong why should you be scared. I myself did a writ of Mandamus and got AOS cleared in 15 days. Writ of Mandamus is not fighting with the govt, its just asking for help from the court to order dept of state or in my case USCIS to adjudicate my case. Did you ever look into that?

At what point is it appropriate to file a writ of mandamus? My fiance has been in AP for 2 months - is there anything I can do at this point that would be proactive, or can I just wait?

[sara..... 371]

Tammy AOA,

I have read quite a bit of posts that you do. Very enlightening. I am kind of surprised to the fact that the embassy is not giving you a proper reply. US Embassies and Consulates around the world work under the Dept of State. You can get in contact with them over here in the US. If that is not working out for you, file a writ of mandamus. If you have not done anything illegal and wrong why should you be scared. I myself did a writ of Mandamus and got AOS cleared in 15 days. Writ of Mandamus is not fighting with the govt, its just asking for help from the court to order dept of state or in my case USCIS to adjudicate my case. Did you ever look into that?

At what point is it appropriate to file a writ of mandamus? My fiance has been in AP for 2 months - is there anything I can do at this point that would be proactive, or can I just wait?

i dont know at what point it is appropriate but im as we speak gathering anything and everything we have tried and plan on filing one myself our wait has been way to long for simple k 1 visa we have not even gotten noa2 yet so i feel we are out of time or at the very least i want an answer as to what they are doing for so long................................................

just that fact that i saw a guy had done it himself and gotten it done gives me the courage to file one..................

[WonTanNara 0]

Tammy AOA,

I have read quite a bit of posts that you do. Very enlightening. I am kind of surprised to the fact that the embassy is not giving you a proper reply. US Embassies and Consulates around the world work under the Dept of State. You can get in contact with them over here in the US. If that is not working out for you, file a writ of mandamus. If you have not done anything illegal and wrong why should you be scared. I myself did a writ of Mandamus and got AOS cleared in 15 days. Writ of Mandamus is not fighting with the govt, its just asking for help from the court to order dept of state or in my case USCIS to adjudicate my case. Did you ever look into that?

At what point is it appropriate to file a writ of mandamus? My fiance has been in AP for 2 months - is there anything I can do at this point that would be proactive, or can I just wait?

After five months of AP waiting for security clearance, I recently consulted two different immigration attorneys about a writ of mandamus. Both told me the same thing, that regardless of the amount of time you've been waiting, it wouldn't do any good if the person you are filing for is outside the borders of the US.

[WonTanNara 0]

i dont know at what point it is appropriate but im as we speak gathering anything and everything we have tried and plan on filing one myself our wait has been way to long for simple k 1 visa we have not even gotten noa2 yet so i feel we are out of time or at the very least i want an answer as to what they are doing for so long................................................

just that fact that i saw a guy had done it himself and gotten it done gives me the courage to file one..................

It looks like you've been waiting over a year for NOA2 and I am so very sorry for that! That does seem utterly ridiculous for a K1. If you find an attorney that says a writ will help your overseas beneficiary, please let us know.

[sara..... 371]

i dont know at what point it is appropriate but im as we speak gathering anything and everything we have tried and plan on filing one myself our wait has been way to long for simple k 1 visa we have not even gotten noa2 yet so i feel we are out of time or at the very least i want an answer as to what they are doing for so long................................................

just that fact that i saw a guy had done it himself and gotten it done gives me the courage to file one..................

It looks like you've been waiting over a year for NOA2 and I am so very sorry for that! That does seem utterly ridiculous for a K1. If you find an attorney that says a writ will help your overseas beneficiary, please let us know.

well u could ask gogo his case was not getting the noa2 either and he found an attorney to file it but if u hire an attorney for it its about five thousand at least i believe that is what he said he had to pay most time they do not let it get into court they adjudicate before it gets that far today i have heard of one man that did it himself..........in our case i just want them to adjudicate it one way or the other.......if its denied i want the reason for it if its approved ok we will be able to go forward........... gogo just look him up as a member and u will see all of his post

[WonTanNara 0]

i dont know at what point it is appropriate but im as we speak gathering anything and everything we have tried and plan on filing one myself our wait has been way to long for simple k 1 visa we have not even gotten noa2 yet so i feel we are out of time or at the very least i want an answer as to what they are doing for so long................................................

just that fact that i saw a guy had done it himself and gotten it done gives me the courage to file one..................

It looks like you've been waiting over a year for NOA2 and I am so very sorry for that! That does seem utterly ridiculous for a K1. If you find an attorney that says a writ will help your overseas beneficiary, please let us know.

well u could ask gogo his case was not getting the noa2 either and he found an attorney to file it but if u hire an attorney for it its about five thousand at least i believe that is what he said he had to pay most time they do not let it get into court they adjudicate before it gets that far today i have heard of one man that did it himself..........in our case i just want them to adjudicate it one way or the other.......if its denied i want the reason for it if its approved ok we will be able to go forward........... gogo just look him up as a member and u will see all of his post

Thank you, and good luck to you!

[tammy2688 1]

Sarah,

We talked about this many times. You NEED to something right now. Keep calling USCIS to get this thing moving! It is terribly ridiculus and I am so pained to see this. I don't believe CSC is THAT clogged. You gotta contact your senator again to see if this time it will help. I wish so badly I could find a solution for this Sarah and it is extremely painful to watch you sitting there without an NOA2. I don't think they will deny but why are they not asking for RFE's if they have everything clear? Can you please call USICS again and see what's holding this case? I know the automated answers and robotic operators but you have a huge case for you now, a year is just too much.

I am praying for you and your fiance so much. I hope you will get out if this. I know that Fall will have clearances of back-logged cases. But we cannot take chances. Keep calling. There has to a completion to this.

Tammy AOA,

I have read quite a bit of posts that you do. Very enlightening. I am kind of surprised to the fact that the embassy is not giving you a proper reply. US Embassies and Consulates around the world work under the Dept of State. You can get in contact with them over here in the US. If that is not working out for you, file a writ of mandamus. If you have not done anything illegal and wrong why should you be scared. I myself did a writ of Mandamus and got AOS cleared in 15 days. Writ of Mandamus is not fighting with the govt, its just asking for help from the court to order dept of state or in my case USCIS to adjudicate my case. Did you ever look into that?

At what point is it appropriate to file a writ of mandamus? My fiance has been in AP for 2 months - is there anything I can do at this point that would be proactive, or can I just wait?

i dont know at what point it is appropriate but im as we speak gathering anything and everything we have tried and plan on filing one myself our wait has been way to long for simple k 1 visa we have not even gotten noa2 yet so i feel we are out of time or at the very least i want an answer as to what they are doing for so long................................................

just that fact that i saw a guy had done it himself and gotten it done gives me the courage to file one..................

[Shakil 4]

Let me explain a little bit. There is no predefined time to file a mandamus. Since you are out of US, your spouse (USC) needs to file. According to the law, when a government office takes fees for something, it needs to act on it within a reasonable amount of time. Embassies and consulates are under dept of state. Again, you are not fighting with the govt, you just want court to order the respective dept to take action on the case. It doesn't even go to that point. When you file, within a week or so, everyone becomes active and case automatically gets finalized and file to dismiss the case before the court date. Thats how majority of the mandamus' end up. Now my personal belief is that 2 months is not a reasonable time but 1 year or 2 definitely is.

As far as the lawyers are concerned, everyone has got a different opinion about it. It doesn't hurt. Its a $350 gamble. They are not going to reject you or hate you just because you filed.

When my husband, with pending AOS, not even a permanent resident can file a mandamus to get what we believe is right. It was his belief alone and his sleepless nights and persistent work that lead to this. You should stand up to what you believe is right. Again, you are going through a hardship moreover your spouse the USC is going through hardship.

[Lilikoi 0]

My case was so stretchy and it took almost 18 months. The most difficult time for me was, when I submitted the waiver 601 and 212, because I had an overstay, was deported two times and so much more, but no crime. I thought I can never make it. I called the embassy very often without any results, but I always get my answers when I wrote them an e-mail.Or when you call Washington, I think the number is somewhere by immigrate2us, they always giving you friendly and correct infos regarding the case.

Dont give up your hopes. Good luck.

[Thai family 0]

My case was so stretchy and it took almost 18 months. The most difficult time for me was, when I submitted the waiver 601 and 212, because I had an overstay, was deported two times and so much more, but no crime. I thought I can never make it. I called the embassy very often without any results, but I always get my answers when I wrote them an e-mail.Or when you call Washington, I think the number is somewhere by immigrate2us, they always giving you friendly and correct infos regarding the case.

Dont give up your hopes. Good luck.

They were quite helpful when we called them. Just be prepared to hold for at least ten minutes before talking to a visa specialist. I'm sure all of the long-timers have this number in their fast-dial.

For inquiries: 202-663-1225.

To e-mail the Visa Office usvisa@state.gov

They don't communicate by fax

I read about the lengthy delays, the pain and the not-knowing and really feel for you that have had to wait and agonize for so long. Praying for you, Tam.

Thai Mom

Edited September 27, 2008 by Thai family