Mandamus Writ

[Boiler 45,525]

It is your money, it would seem to be a waste but there is nothing stopping you appointing a lawyer to act on your behalf with such a writ.

[reelss 4]

5 months is the normal processing time, which in itself is a long wait. I don't blame the OP for being upset when it has been 7 months. And no, filing the K3 did not mess up the petition. Many, for some odd reason, still file the K3 and still get processed, albeit, your I-130 is pulled and moved to the date you filed the I-129. So you do end up losing a few days there.

You have probably already done this, but have you tried speaking to a Tier 2 Rep at USCIS? I recently saw an instance reported (not relating to an approval, however) where a Tier 2 Customer Service Rep helped out a person waiting.

[Musashii 21]

That is what they are actually doing. Reviewing your petition. They aren't ignoring your file, to deliberately upset you. It can take many many months to perform security checks, in particular with the country your husband comes from. It takes nearly 12 months to get that far and once you get to the consular stage they may also subject your file to further AP.

You are well short of the time it takes before you can file mandamus. Your congressman, or any other elected official cannot influence the speed with which USCIS work, that body isn't answerable to elected officials.

I understand your explanation. However, someone on these forums conducted an interview with a former USCIS employee who stated that it does not take 12 months to do background and security checks. I have worked in similar position and I know it took only 2 weeks for whole FBI checks and all. What pinches me more is the fact that so many people who filed after me have got their approvals. Many of them are also from high fraud countries which makes me wonder what is wrong with my case? Also considering that USCIS is pretty much capable of misplacing or losing the petitions, I am also worried what if they have lost my file and are not telling me about it? Thanks anyway.

Edited July 29, 2012 by Musashii

[Musashii 21]

5 months is the normal processing time, which in itself is a long wait. I don't blame the OP for being upset when it has been 7 months. And no, filing the K3 did not mess up the petition. Many, for some odd reason, still file the K3 and still get processed, albeit, your I-130 is pulled and moved to the date you filed the I-129. So you do end up losing a few days there.

You have probably already done this, but have you tried speaking to a Tier 2 Rep at USCIS? I recently saw an instance reported (not relating to an approval, however) where a Tier 2 Customer Service Rep helped out a person waiting.

Thank you for your understanding my friend.

We filed K3 because it was advised by a Tier 2 immigration officer and a consular from U.S. Embassy in Lahore, Pakistan. When people in such positions advise you, of course you will trust them won't you? So filing a K3 may have taken my I-130 out of queue of 3 January and put it on 18 Jan ... ok. Still outside normal processing times.

Yes, I always insist on speaking to a Tier 2 officer whenever I call the NCSC-USCIS. No use.

In the end, I have figured it will be useless to file a write of Mandamus anyway.

[Boiler 45,525]

Well No.