writ of mandamus

[JeanneAdil 6,509]

3 hours ago, abdo1 said:

my wife already got a job they already have job offer documents plus bank statements , so they have joint sponsor, plus my wife is working they have all required documents now.... what confused me the lasy from consulate called me she said consular officer wants to speak to my wife on the phone cause he wants to make decision what is that mean ? they told me this 16 october 2019 on the phone ....i provided phone number but no call

The embassy may have said that to you to just verify a US phone # to make sure she has now established the US residency requirement

as she was in Morocco living till June

I do know you can not use the Moroccan sims card and phone number here so by giving the CO who called the US # ,  they have verified her residency requirement

BTW you are only going thru this for under 2 years /  i was 6 years to get the visa and i lived in US,  made 5 trips over a month each and had enough income to satisfy the AOS.

You sent the chats, but did you get a new cosponsor as they rejected the LPR

[abdo1 40]

36 minutes ago, JeanneAdil said:

The embassy may have said that to you to just verify a US phone # to make sure she has now established the US residency requirement

as she was in Morocco living till June

I do know you can not use the Moroccan sims card and phone number here so by giving the CO who called the US # ,  they have verified her residency requirement

BTW you are only going thru this for under 2 years /  i was 6 years to get the visa and i lived in US,  made 5 trips over a month each and had enough income to satisfy the AOS.

You sent the chats, but did you get a new cosponsor as they rejected the LPR

yes i sent the new joint sponsor who is US citizen, because they rejected the LPR one, yes maybe just to verify a US Phone number, but i know for sure they already have this info when i sent proof of domicile last july 2019, she already domiciled and have a job, bank account, drive license,voting card and letter, phone bill,gym so on.....they have everything now. also they kept my passport..

[SalishSea 17,832]

5 hours ago, badhumor said:

his yearly income is around 250,000 to 300,000$ , if you read what i wrote a bit more carefully , I said his TAX RETURNS are 20-25K .. that's the money he is getting back from the govt which paid in tax .

That was not at all clear.  And "TAX RETURN" is a FORM.  You must have meant to write "TAX REFUND."

[badhumor 8]

13 hours ago, aaron2020 said:

Some people don't write very carefully.  You don't know the difference between a tax return and a tax refund.  

You don't "get tax returns by the end of year when you file for it on IRS."  You file a tax return.  You don't get a tax return.  You don't file a tax refund.  You get a tax refund.

yep sorry my bad

 

[Ryan H 3,812]

~~Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion; one hijack and multiple off-topic posts removed.~~

[Ahmed&Freda 628]

On 11/15/2019 at 9:27 AM, abdo1 said:

hi everyone please can someone tell me the steps to file writ of mandamus to US consulate in casablanca from florida  ? i do not want to use a lawyer, what forms or how to apply to federal court, any suggestions looking forward hearing your replies...

Do not attempt to file a mandamus on your own.  Unless you are very versed in legal garb and have some knowledge of law.  If you can't afford a lawyer you can contact catholic charities they connect you with someone who may be able to help.  Many have helped others with immigration including mandamuses in the past.  

 

I would not recommend filing if you AP is under 6 months.   Some attorneys have even recommended a year.  I have never seen a case returned due to background checks not being complete but they could return the case due to not enough evidence of bonafide relationship which is like catch all if no evidence is actually found.  

 

I have seen a handful of successful mandamus cases on facebook. Most have used Hacking Law.  I'm not really sold on filing one as of yet between the cost and the probability of the case being completed soon anyway I'm not sure if I want to risk it.  We are in the process of planning our next trip I would like to use the funds for our vacation instead.

 

Administrative Processing is absolute torture no-one here can really give good advice and are not very helpful especially if they have never been through it.   We have our good days and bad.   I just keep praying that through this the government will then have everything they need to prevent any issues in the future and they will have all the assurity they need to see my husband is everything I already know he is.   

 

[abdo1 40]

3 hours ago, Ahmed&Freda said:

Do not attempt to file a mandamus on your own.  Unless you are very versed in legal garb and have some knowledge of law.  If you can't afford a lawyer you can contact catholic charities they connect you with someone who may be able to help.  Many have helped others with immigration including mandamuses in the past.  

 

I would not recommend filing if you AP is under 6 months.   Some attorneys have even recommended a year.  I have never seen a case returned due to background checks not being complete but they could return the case due to not enough evidence of bonafide relationship which is like catch all if no evidence is actually found.  

 

I have seen a handful of successful mandamus cases on facebook. Most have used Hacking Law.  I'm not really sold on filing one as of yet between the cost and the probability of the case being completed soon anyway I'm not sure if I want to risk it.  We are in the process of planning our next trip I would like to use the funds for our vacation instead.

 

Administrative Processing is absolute torture no-one here can really give good advice and are not very helpful especially if they have never been through it.   We have our good days and bad.   I just keep praying that through this the government will then have everything they need to prevent any issues in the future and they will have all the assurity they need to see my husband is everything I already know he is.   

 

thank you for your helpful information i am on AP 8 months now, let me tell you my story so you can understand my situation , we got married on second time of her visit on 2015 my wife started living with me from 2015 to 2019 in Morocco never go back to USA, my first interview was on march 2019 case was put on AP because of my wife domicile my wife had to go back to USA to resume her domicile on june 2019, she got a job established her domicile my wife sent me all evidences for her domicile documents were sent to Consulate and accepted , they called me for second interview at end consular officer asked me for new joint sponsor, my current one makes 70000 a year he is LPR, i do not know why he requested another joint sponsor when i already have qualified one, anyway we found another joint sponsor who is US citizen qualified its her cousin, i sent all required documents for the new joint sponsor, proof of citizenship, pay stubs of 2019, tax 2018, W2s, drive license and affidavit of support to the consulate on september 2019, the consulate called me october 16 2019, asking if my wife is in morocco i said no my wife is in the US working,  because the consular officer wants to speak to her to make a decision on our case, the lady asked me for phone number i gave it to her but they have not called my wife yet a few weeks later i sent a letter to US consulate via aramex it has my wife work schedules still no call i emailed them they said the case now is on review and that they received all information and that they will contact me to finish visa processing case also they kept my passport, but have not heard from them yet..also my medical expired 14 sep 2019, my question if he wants to speak to my wife to make decision is that mean the case is complete and ready to make decision ? and how long the review takes i understand review is part of AP...

Edited November 17, 2019 by abdo1

[Mezyan 149]

Casablanca is notoriously slow, they receive a high volume of cases and things happen when they happen there. Patience is key, I wouldn't file a WoM at this point. You just need to wait and distract yourself with other things.

[abdo1 40]

2 hours ago, Mezyan said:

Casablanca is notoriously slow, they receive a high volume of cases and things happen when they happen there. Patience is key, I wouldn't file a WoM at this point. You just need to wait and distract yourself with other things.

thank you mezyan....

[SJordanS 343]

On 11/15/2019 at 2:58 PM, GP1977 said:

As has already been mentioned you need to talk to James hacking. He has filed many of these petitions and my understanding most of the time he files it, he gets the consulate to adjudicate and move on your case. He has many YouTube videos on this topic, where he says usually the consulate will write back and ask for 30 or 60 days and they will adjudicate the petion within that timeframe. 
 

and yes it’s something you can’t do on your own, he sues everyone that had touched your petiton including the department of state, Uscis and Nvc. That way one agency can’t blame it on the other.

 

also, pretty sure is most cases he doesn’t touch it unless it’s been 6 months or a year. Can’t remember exactly the timeframe he mentioned in his video. 

Jim Hacking is one who numerous people in a FB group have used and succeeded with. He got them all approved. 

[SJordanS 343]

On 11/16/2019 at 6:02 AM, badhumor said:

Term itself is self explanatory , If i used the word his Yearly income is 20-25K than it should give people the idea if his income is that low .. you get tax returns by the end of year when you file for it on IRS . As i said, people don't read carefully here

 

Everyone is right. YOU should have just googled like he said.....good grief...