Writ of Mandamus

[WORRIEDSPOUSE 33]

16 hours ago, Rose2019 said:

Hello everyone. 
I am seriously thinking about filing for writ of mandamus since my fiancé’s case has been under administrative processing for over 16 months. What do you guys think? Should I wait until things with covid-19 have settled a little until I file one or should I just go ahead and file it now? 

I file for my husband for we have been in Administrate processing for 17 month. AS a result we got a NOID and had 33 days for our attorney to answer. We are now waiting for their decision, due to COVID they as for an extension of 3 months more. We were expecting this NOID the only way to get any movement was to file a WOM. Best of luck to you and your fiancee. 

[Ahmed&Freda 628]

If they are going to deny it they will with or without the WOM.  Filing the WOM, although forces a decision, I have not seen any cases returned because background checks were not complete.  They will ask for 30 to 60 day extension to which you have the option to approve or deny   (I'm not sure if denying that option would force a returned petition due to non completion but again I have not seen 1 returned for this reason).  

 

It's a personal decision you have to make once you feel you can't take it anymore.  To be honest sometimes I feel that in some cases at least a returned petition is movement.  

 

I would definitely consider consulting with an attorney because it's a K-1 I would not jump into filing without doing some research first.

 

Not everyone from these regions sit in long AP many get their visas within a few weeks after the interview.   I don't believe some of these cases are sitting for years due to background checks.  They are just sitting in a pile somewhere collecting dust.  There is not enough consistency between cases in long AP other than what the counselor officer giving the interview "feels" during that time.

[JFH 12,191]

18 hours 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). 

They will still have to go through an equally long or longer AP with a spousal visa. What she is experiencing is normal for certain demographics. 

Edited July 21, 2020 by JFH

[igoyougoduke 1,675]

21 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. 

Unfortunately under the current administration, it is the sad state of affairs in America 

[SalishSea 18,099]

22 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.

Complaints should be directed at Afghan and Pakistani governments as per their poor record-keeping practices.  Visa applicants from other muslim/middle eastern/South Asian countries do not experience the same prolonged AP.

[Cyberfx1024 7,980]

1 hour ago, James120383 said:

Unfortunately under the current administration, it is the sad state of affairs in America 

I understand you are new around here but long AP wait times for Pakistanis have been the case since 2011 when I joined up.