Does anyone know if you are denied if they. . .

[dsamyra3 3]

Hi. I would greatly appreicate any help. If USCIS denys your I-129f application do they send you a letter? Or do they just let you sit in no where land, thinking that your application is still being processed and that is taking a long time. I am begining to wonder what is going on with our application. Any advice would be great.

Thank you.

[Spoom 8]

Hi. I would greatly appreicate any help. If USCIS denys your I-129f application do they send you a letter? Or do they just let you sit in no where land, thinking that your application is still being processed and that is taking a long time. I am begining to wonder what is going on with our application. Any advice would be great.

Thank you.

No, they definitely send you a denial notice if your application is denied (though far more often, they'll send a Request For Evidence or RFE to get the information they're missing so they can complete your petition / application).

K-1s generally will go NOA1 to NOA2 without much in between, so it can seem like nothing's happening, but it's likely just sitting in its place in the queue.

Check with the estimates here and on the USCIS site; if you're beyond the estimate given by USCIS, you can contact them to inquire what's going on, or even involve your (or your petitioner's) Senator or Congressperson to push your application forward (many representatives have immigration departments ready to help you).

[MrsCat 6]

If its been a really really long time (just looked at your timeline and it doesn't seem to be the case), you can request the assistance of a lawyer for a writ of mandamus. It essentially forces a government entity to carry out its function and make a determination without further delay.

[Kathryn41 3,205]

They will tell you if they deny the I-129f. From looking at your time frame and the estimated approval notice you are just in the window now of when to start to expect a decision. I suspect your wait will be over pretty soon.

I'm also moving your post to the MENA forum as you may get more specific information from others going through the process with a partner from the same country. Good luck.

[Meredith_Brahim 2]

If its been a really really long time (just looked at your timeline and it doesn't seem to be the case), you can request the assistance of a lawyer for a writ of mandamus. It essentially forces a government entity to carry out its function and make a determination without further delay.

I haven't heard of this before and am wondering if I should engage an immigration attorney - we're at the final stages of the process, under Administrative Review (FBI name checks) and well past the 'normal timeframe'. Would you know if a 'writ of mandamus' works in that case as well?

[sara..... 371]

I haven't heard of this before and am wondering if I should engage an immigration attorney - we're at the final stages of the process, under Administrative Review (FBI name checks) and well past the 'normal timeframe'. Would you know if a 'writ of mandamus' works in that case as well?

truthfully when your case is in AP there is nothing an attorney can do....you just have to wait it out.

sara

[Meredith_Brahim 2]

truthfully when your case is in AP there is nothing an attorney can do....you just have to wait it out.

sara

i was afraid of that, but hopeful i see from your timeline you've been through a really really really long journey. but we entered AP around the same time. here's hoping the cases get reviewed soon!

[momof1 205]

A writ of mandamus would be something that most lawyers would file if you're in name check for 3 or 4 years not 3 or 4 months. Name checks are completed much more quickly than they were years ago. Still, it is not unreasonable to wait for 6 months.

[Meredith_Brahim 2]

there's just so much conflicting information. the department of state are issuing press releases about the timing of name checks and that 98% are processed in 30 days and the remaining 2% in 90. we're at 100 and i just called them - same response - still under process, she did tell me this time that it continues to be actively worked on. thanks for your guidance.

[belinda63 3,052]

Yes the name checks are getting faster but still there is little that can be done to speed them up. A writ of mandamus may be useful after a few years........but one must remember it cuts both ways. It is an Order for the case to be completed in a certain number of days, that can be an approval or denial. Obviously they are not going to approve a case without the security checks having been done so it might result in a denial of the visa.

I would only consider a writ of mandamus as a last resort after trying all other avenues and waiting for at least two years. As hard as it is there are some people who have waited five or more years due to the inefficiency of the government.