Jump to content
klicristina

MUST READ!!! I got it :0)

 Share

20 posts in this topic

Recommended Posts

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

I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

K1 timeline

09/22/2006 - I-129F sent

02/14/2007 - Interview in Rio de Janeiro - VISA APROVED!

03/03/2007 - Flight out to States

12/21/2007 - Wedding!

AOS timeline

02/27/2008 - l-485 sent

04/29/2008 - AOS Biometric

05/01/2008 - I-94 Expired

07/22/2008 - AOS denied

10/28/2008 - In removal proceeding

01/14/2009 - Flew back to Brazil ;(

02/10/2009 - Hubby flew to Brazil ;)

IR1 timeline

09/23/2008 - I-130 sent

11/06/2009 - Interview in Rio de Janeiro - CO need an Advisory Opinion (sent an email to DHS with my I-94 and court order)

12/02/2010 - Hubby went back to the U.S.A ;(

Link to comment
Share on other sites

Congratulations in your Victory.. Way to go..

I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

"Peace is not the product of terror or fear. Peace is not the silence of cemeteries. Peace is not the silent result of violent repression. Peace is the generous, tranquil contribution of all to the good of all. Peace is dynamism. Peace is generosity. It is right and it is duty." -- NAPF page on Oscar Romero

Wife'sTime Line My link

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

What and important topic. I thinks this should be pinned or something or added to a guide of AP's

I'm saying this because I'm expecting (but hoping GOD will help me) an AP. So this is important. I also had to do something drastic because my I-130 took much much longer than usual.

Please don't let this get lost.

USCIS Journey

I-130 Filed: 04-01-2009

NOA1: 04-09-2009

I-130 Approved on Nov 19, 2009

NVC Journey Dec. 2009

Dec 4: wife's case was entered at NVC

Jan 08: Sing in failed......wow thanks GOD. Jan 11: CASE COMPLETE TOTAL TIME 24 BUSINESS DAYS OR 38 CALENDAR DAYS FOR CASE COMPLETE.

Feb 5: Interview date scheduled. Interview on March 23, 2010

Embassy Journey 1.0

March 23, 2010: Interview date. Wife placed on AP, Baby required new birth cert.

April 21, 2010: Wife out of AP she needs to get an approved I-212 from USCIS, Baby birth cert. issue resolved.

I-212 Waiver @ USCIS Journey

May 10, 2010: Filed form I-212

Sept. 9, 2010: I-212 Approved

Embassy Journey 2.0

Sept. 22, 2010 New Interview date.

Sept 22, 2010 VISA APPROVED.

Waiting for visa to arrive at Cali-Colombia.

Link to comment
Share on other sites

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

This is the best news, ever, buddy.

I'm so glad it's all worked out.

I pray all is well with getting the stamp in the passport.

Good Luck ! (again! )

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Brazil
Timeline

Congrats. Finally.

Greencard Holder since 1991

August 2006: Approved for Dual Citizenship from the German Consulate

I am officially now a Dual Citizen :)))

07.06.09 sent I-129F to Vermont Service Center for Mr Brazil

07.09.09 NOA1

12.11.09 NOA2

02.23.10 Visa Interview - Rio de Janeiro-Visa denied

03.11.10 case cent back to VSC

Second Round:

04.19.10 Sent new petition to Vermont Service Center

04.21.10 NOA1

04.23.10 check cashed

07.16.10 touched

10.XX.10: Decide to split with my fiance and set in a withdraw letter to VSC

10.25.10: NOA2 - to my surprise but it does not matter anymore

11.18.10: Withdraw of my petition is final - The End of my Immigration Journey :)

Link to comment
Share on other sites

Filed: K-1 Visa Country: Brazil
Timeline

Me on the other end I dont know what to do.

consulate is not responding at all after my lawyer sent several emails and also the senator. any ideas ?

Greencard Holder since 1991

August 2006: Approved for Dual Citizenship from the German Consulate

I am officially now a Dual Citizen :)))

07.06.09 sent I-129F to Vermont Service Center for Mr Brazil

07.09.09 NOA1

12.11.09 NOA2

02.23.10 Visa Interview - Rio de Janeiro-Visa denied

03.11.10 case cent back to VSC

Second Round:

04.19.10 Sent new petition to Vermont Service Center

04.21.10 NOA1

04.23.10 check cashed

07.16.10 touched

10.XX.10: Decide to split with my fiance and set in a withdraw letter to VSC

10.25.10: NOA2 - to my surprise but it does not matter anymore

11.18.10: Withdraw of my petition is final - The End of my Immigration Journey :)

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Moldova
Timeline

Congrats...

GOD is Good,GOD is Great,GOD is Awesome!

*K1*(process time 7months & 13days)*

12.11.2007 -Filed I-129F

07.24.2008 -VISA interview. APPROVED!!!

*AOS*(process time 7months & 5days)*

11.26.2008 -Filed AOS,EAD,AP

02.09.2009- AP Received

03.20.2009-EAD Received

07.09.2009-2Year Green Card Received

*ROC*(process time 3months & 18days)*

04.04.2011-Filed ROC(I-751)

07.28.2011-10 Year GC Received

*NATURALIZATION*(process time 4months & 27days)*

04/02/2014- Filed N-400

07/08/14-Interview (Recommended for Approval)

08/29/2014-Oath Ceremony

as1cCDkFg000010OXNsenwxNjA0emx8V2UgaGF2Z

Link to comment
Share on other sites

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

K1 timeline

09/22/2006 - I-129F sent

02/14/2007 - Interview in Rio de Janeiro - VISA APROVED!

03/03/2007 - Flight out to States

12/21/2007 - Wedding!

AOS timeline

02/27/2008 - l-485 sent

04/29/2008 - AOS Biometric

05/01/2008 - I-94 Expired

07/22/2008 - AOS denied

10/28/2008 - In removal proceeding

01/14/2009 - Flew back to Brazil ;(

02/10/2009 - Hubby flew to Brazil ;)

IR1 timeline

09/23/2008 - I-130 sent

11/06/2009 - Interview in Rio de Janeiro - CO need an Advisory Opinion (sent an email to DHS with my I-94 and court order)

12/02/2010 - Hubby went back to the U.S.A ;(

Link to comment
Share on other sites

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

Thanks guys :dance::dance::dance::dance:

K1 timeline

09/22/2006 - I-129F sent

02/14/2007 - Interview in Rio de Janeiro - VISA APROVED!

03/03/2007 - Flight out to States

12/21/2007 - Wedding!

AOS timeline

02/27/2008 - l-485 sent

04/29/2008 - AOS Biometric

05/01/2008 - I-94 Expired

07/22/2008 - AOS denied

10/28/2008 - In removal proceeding

01/14/2009 - Flew back to Brazil ;(

02/10/2009 - Hubby flew to Brazil ;)

IR1 timeline

09/23/2008 - I-130 sent

11/06/2009 - Interview in Rio de Janeiro - CO need an Advisory Opinion (sent an email to DHS with my I-94 and court order)

12/02/2010 - Hubby went back to the U.S.A ;(

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

Congrats and best wishes!!

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Link to comment
Share on other sites

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

Amazing!! Congratulations!!!!!!!!!!!!!!!! Yaaaay!

:dance: :dance: :dance: :dance:

CR-1 Journey - California Service Center

I-130 timeline:
I-130 NOA1 - 05th Nov, 2009
I-130 NOA2 - 10th February, 2010 Yay!!!!
"Your I-130 was approved in 97 days from your NOA1 date."


NVC Journey:
02-16-2010: NVC Case # Assigned
03-31-2010: Case Complete!!
04-12-2010: Interview date assigned by NVC.
05-11-2010: Medical appointment in Rio

05-13-2010: Interview in Rio - APPROVED!!!

06-02-2010: POE in Washington DC - Finally home!

July 30, 2010 - Received the Green Card after receiving 4 welcome letters! USCIS see ya later!

2 YEARS LATER......

03-02-2012: Elegible to lift conditions
06-02-2012: Temporary GC expires

12-20-2012: Permanent GC received

6 MONTHS LATER......

06/03/2013: n400 Filled

10/22/2013: Citizenship test and oath ceremony

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline
I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

congratulations and what a brave spirit indeed!

Anwesha

K-1 Visa

11/03/09:I-129F sent to VSC

11/06/09:NOA1

03/02/10:NOA2 !!!

05/24/10:Interview!!-Approved!

POE: 28th June

AOS

07/20/2010: AOS sent

07/21/2010: Received at Chicago Lockbox

07/27/2010:text and email notifications received,cheque cashed!

07/30/2010:NOA1 received for EAD

08/02/2010:NOA1s for AOS/AP received

08/11/2010: AP touched

08/18/2010:I-485 transferred to CSC

08/19/2010:I-485 touched, 08/24: I-485 physically in CSC now,08/25 :I-485 touched

08/27/2010:put in service request with USCIS for Biometrics letter

09/08/2010:AP approved and EAD touched

09/11/2010:AP and EAD touched

09/14/2010:Biometrics walk-in successful (10/01/2010:Original biometrics appt)

09/13/2010:AP last touched

09/14/2010:EAD card production ordered and AOS touched

09/15/2010:EAD and AOS touched

09/20/2010:Received AP in the mail

09/24/2010:EAD in mail

10/13/2010:GC card production ordered

10/14 and 10/15: AOS touched

10/20/2010: GC received- Done with USCIS till June,2012

My humble blog:

http://songbird24.wordpress.com/

event.png

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...