Writ of Mandamus

[Rose2019 45]

1 minute ago, Luckycuds said:

It would only hurt if that means losing your income and you don’t have a joint sponsor. Also you’d have to wait for Americans to be allowed in. Unfortunately you will have to wait this out because he’s going to have extensive AP whichever route you go. Unfortunately Afghanistan has a high likelihood of being placed in AP and if he has a common name and someone with that name has been suspected of terrorist/illegal activities it will take awhile to check all the databases and investigate. Are you guys able to meet up in a third country in the meantime? Since US citizens can’t go to Germany currently.

Yeah I totally understand. However, my fiancé was only born in Afghanistan and left with his family at a very young age and moved to Pakistan. He lived in Pakistan until he was about 10/11 and then moved to Europe and has lived there ever since. But like I said to @geowrian he has traveled to Pakistan within the last 10 years just to visit. 
we don’t really have another country we can meet in as my fiancé works in Hamburg, we have a child together and he needs to work in order to support us. Plus, I don’t just want to visit, I want to stay with him until we hear something back from the embassy about our case, anything. 

 

[Lucky2Lucky 2,526]

1 minute ago, Rose2019 said:

Yeah I totally understand. However, my fiancé was only born in Afghanistan and left with his family at a very young age and moved to Pakistan. He lived in Pakistan until he was about 10/11 and then moved to Europe and has lived there ever since. But like I said to @geowrian he has traveled to Pakistan within the last 10 years just to visit. 
we don’t really have another country we can meet in as my fiancé works in Hamburg, we have a child together and he needs to work in order to support us. Plus, I don’t just want to visit, I want to stay with him until we hear something back from the embassy about our case, anything. 

 

Ah, okay. Best bet is to wait for the ban To be over and then go stay together (as long as you have a joint sponsor lined up or a significant amount of assets). Good luck! Remember this too shall pass.

[Letspaintcookies 2,310]

24 minutes ago, TinaTina said:

16 months is too long for k1. File the writ. Embassies have started to reopen. If you get denied, you can get married. They can will ask for extension if they need more time (they can request it as many times they need, and I advise that your attorney grants it, its usually only 2 extension per case). 

It's long yes but not uncommon for what the OP described of her fiance's background. If the long AP is because of background checks then they'll most likely have to deny the case when forced to make a decision as long as the background checks aren't finished. 

Applying for a CR1 after getting married would just start the whole process with likely the same AP again.

[Rose2019 45]

6 minutes ago, Luckycuds said:

Ah, okay. Best bet is to wait for the ban To be over and then go stay together (as long as you have a joint sponsor lined up or a significant amount of assets). Good luck! Remember this too shall pass.

Yeah that is probably what I will have to do. Hopefully the ban is over soon, because I was hoping to go there before October. 
Yes, that is what I keep on telling myself to stay sane honestly. This too shall pass! 
thank you so much for your advice/feedback and input. I appreciate it  

[SalishSea 17,829]

1 hour ago, TinaTina said:

16 months is too long for k1. File the writ. Embassies have started to reopen. If you get denied, you can get married. They can will ask for extension if they need more time (they can request it as many times they need, and I advise that your attorney grants it, its usually only 2 extension per case). 

If a spare $10k to lose (no guarantee) is not a prob.

[SalishSea 17,829]

1 hour ago, TinaTina said:

If you get denied, you can get married.

And then the ticking clock on AP starts all over again.

[TinaTina 4]

2 hours ago, Jorgedig said:

If a spare $10k to lose (no guarantee) is not a prob.

There are 4k options too. Anyway, this was our preference, we did not want to wait any longer. Writ doesn't change the outcome, it just makes process end faster. It is up to you to decide what feels right for you.

[TinaTina 4]

3 hours ago, Letspaintcookies said:

It's long yes but not uncommon for what the OP described of her fiance's background. If the long AP is because of background checks then they'll most likely have to deny the case when forced to make a decision as long as the background checks aren't finished. 

Applying for a CR1 after getting married would just start the whole process with likely the same AP again.

From what our attorney have explained, if they need more time, they will ask for extension(s). We were also explained that writ is pretty common and that there will be no retaliation just becaise we opt for it.

[designguy 1,179]

8 hours ago, Rose2019 said:

Yeah that is probably what I will have to do. Hopefully the ban is over soon, because I was hoping to go there before October. 
Yes, that is what I keep on telling myself to stay sane honestly. This too shall pass! 
thank you so much for your advice/feedback and input. I appreciate it  

You can travel now. 
 

page 7. 5b

[eddie90 31]

16 months is too long. I think at this point you should sue the government (wom). Please, u should hire an experienced immigration attorney at this point. 

[Rose2019 45]

3 minutes ago, eddie90 said:

16 months is too long. I think at this point you should sue the government (wom). Please, u should hire an experienced immigration attorney at this point. 

At one point that’s how I feel and then another I am afraid if I do file for a writ of mandamus, we would get denied. And it’s scary because we have put so much time, money, and tears into waiting it out. It’s really hard making a decision. 

[Rose2019 45]

3 hours ago, designguy said:

You can travel now. 
 

page 7. 5b

I actually was looking at the US consulate website last night and it was saying US citizens will probably be denied entry into Germany, so I don’t know. I’ll wait for a month and see if it changes. 
 

[Crazy Cat 41,851]

14 hours ago, Rose2019 said:

Yes he is an Afghan National unfortunately. It’s sad that a person can be put into AP for so long due to race and religion. 

It isn't because of race and religion.  It's because of the difficulty and confidence in background checks.

[Crazy Cat 41,851]

2 hours ago, eddie90 said:

16 months is too long. I think at this point you should sue the government (wom). Please, u should hire an experienced immigration attorney at this point. 

You want to force a premature decision?   That would likely trigger a denial.....

[Crazy Cat 41,851]

14 hours ago, TinaTina said:

16 months is too long for k1. File the writ.

I would NOT follow your advice.  The WOM would not guarantee a positive outcome.