Waiting too LONG!!!!

[churawan 14]

Hi folks.. Churawan (Pla) and I have been members here now for ~16 of the 17 months we have been waiting for our K1 to be approved.... Thank God I had her get a Tourist visa back in 2006, long before we decided to get engaged and married... She has been able to make multiple trips her for extended visits, glad I could get her plane tickets repeatedly(getting old and expensive)... I used an attorney when I filed as I didn't know of this great site at that time.... Our NOA1 is 9/29/08 for our K1. It has been in "security background check" for over a year now. I have used Senators, Congressman and an ambassador to attempt to get this moving. All with no luck. same "form letter" back from the VSC....

We have know each other for 9.5 years. Met her in Sept of 2000, over time we fell deeply in Love and decided to start dating in late 2005, decided to Marry in Dec of 2007(ask her on Xmas Morning at a nice beach resort in Hua Hin Thailand), filed for the K1 in Sept 2008. She has visited here in 2006, 2008 (Summer and Xmas) and 2009 Spring and Summer. 2010 Jan to present.... We have spent a lot of time together, here at my home, vacations, travel in Asia...

Pla is here right now on another visit, just got another form letter response through my congressman saying still stuck with background checks comeback in 90 days.... So I have had enough of this supposed to take 3-6 month process of K1.. She quit her job in Thailand and I already bought her a new car 12 months ago in preperation of the pending approval. Not to mention getting her an entire new wardrobe for the northeast USA living conditions. She Loves her new home, life (Me) and being here. I guess that would be the only real benefit to the long wait and multiple trips back and forth, no home sick issues at all!!!

So why I am writing here, is to get some opinions on just getting Married, like next week, abandoning the K1 and starting over with the CR1 approach... I should have done this from the start, but was told the K1 was faster and that was what I was looking for.... So now I am out the $$$ for the lawyer and K1 application cost... But at this point I want to get this over and finalized for both of our sakes...

So what do you think of this approach??

She has until July on this current I94, I know she can't over stay and she will not!!

She will still have her B2 visa to visit me again while we go through this new process...

What is the "normal" CR1 processing times???

Any and all advice would be welcome...

Steve and Pla

[klicristina 0]

I think that you should file a Mandamus against USCIS. Why start all over again?

[churawan 14]

I think that you should file a Mandamus against USCIS. Why start all over again?

Please explain?? What is it and how would I go about #######??? Last thing I need to do is piss them off at me!!!!

[rin and john 71]

http://www.ailf.org/lac/pa/lac_pa_040706.pdf

[klicristina 0]

Please explain?? What is it and how would I go about #######??? Last thing I need to do is piss them off at me!!!!

IV. PROCEDURES

Mandamus is a civil action and therefore, the Federal Rules of Civil Procedure and the district court’s local rules apply. The local rules are available on the courts’ websites.

Whom to Sue and Serve: Because mandamus actions seek to force an officer or employee of the government of the United States to take an action, the named defendant depends on the type of action the suit seeks to compel. For example, a mandamus action to compel the U.S. Citizenship and Immigration Services (USCIS) to adjudicate an application may name the USCIS District Director, USCIS Director, and the Secretary of the Department of Homeland Security (DHS) as defendants. It is better to be over inclusive in naming defendants, and if it is unclear which officer had the duty to act, name the agency/department or even the United States.16

Talk to a lawyer... I really think that is your best option.

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read about it!!!

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