For All K1 Visa Petitions that have Stalled at the NVC or Consulate

[Ermehgerdd 172]

If your I-129f petition has been approved but stalled at the NVC or consulate for the past several months, there is a team of prominent lawyers who are interested in hearing from you and potentially filing a suit on our behalf.  They are the lawyers behind Aker v. Trump, which is currently challenging the immigrant visa ban in federal Court.

 

If you are interested in getting more information, please submit the Google form found in Attorney Siskind's tweet:

 

https://twitter.com/gsiskind/status/1295927283820224513?s=20

 

I hope the mods will allow this as these are truly unprecedented times in immigration and in State Department tomfoolery.  The ultimate aim of this suit will be to resume the processing of our K1 cases.

 

State Department guidance released as part of the discovery in the H1B suits indicate K1s are the LOWEST PRIORITY for State Department and it has directed consulates to process them as such. 

 

 

[Derek Scheyer 83]

I feel like if anything is going to happen it should effect all k1s and not just a select few that take part in a lawsuit. Something seems strange about that. All of us want the process to speed up and someone needs to communicate with the embassies that k1s are just as important as spousal visas because they are. We are still family and will be getting married right away once they get us through this process so we're allowed to!

[KnoxThai 44]

I hope this doesn't sound too cynical but after all is said and done I believe many lawyers care about the money being lost.

 

Immigration is a huge money maker for my attorneys (and many other industries) and they need this revenue. They may not necessarily care about our plights to reunite with our loved-ones but they miss the cash flow I can assure you.

 

So be it. Let them rattle some cages and maybe get some progress for all of us. In an election year news like this can sway politicians much more so.

[Greenbaum 12,259]

Here is a lawyer talking common sense about suing USCIS. Buyer be aware.

 

https://www.fitzgeraldlawcompany.com/boston-immigration-lawyers/lawsuit-against-us-immigration/ 

Edited August 19, 2020 by Greenbaum

[payxibka 10,045]

4 minutes ago, Greenbaum said:

Here is a lawyer talking common sense about suing USCIS. Buyer be aware.

 

https://www.fitzgeraldlawcompany.com/boston-immigration-lawyers/lawsuit-against-us-immigration/ 

Not applicable.  The threatened action is about suing the DOS not the USCIS.  

[Greenbaum 12,259]

13 minutes ago, payxibka said:

Not applicable.  The threatened action is about suing the DOS not the USCIS.  

Substitute DOS for USCIS and the information will still be of benefit. I think it's a losing proposition but it's not us that are affected.

[Ermehgerdd 172]

6 hours ago, Derek Scheyer said:

I feel like if anything is going to happen it should effect all k1s and not just a select few that take part in a lawsuit. Something seems strange about that. All of us want the process to speed up and someone needs to communicate with the embassies that k1s are just as important as spousal visas because they are. We are still family and will be getting married right away once they get us through this process so we're allowed to!

The precedent set could potentially affect K1s processing down the line. 

 

This isn't about speeding up a process. The "process" has been unlawfully halted for nearing 6 months.

 

You say someone needs to "communicate with the embassies that K1s are just as important", but it is the DoS giving the consulates guidance NOT TO process K1s until the final phase.   In some cases, consulates are even issuing tourist visas now over K1s. This suit is that communication.

[Jody and Misho 99]

22 minutes ago, Ermehgerdd said:

The precedent set could potentially affect K1s processing down the line. 

 

This isn't about speeding up a process. The "process" has been unlawfully halted for nearing 6 months.

 

You say someone needs to "communicate with the embassies that K1s are just as important", but it is the DoS giving the consulates guidance NOT TO process K1s until the final phase.   In some cases, consulates are even issuing tourist visas now over K1s. This suit is that communication.

I'm curious...is a closure due to Covid unlawful?  Or could you explain what is unlawful?  Really...I want to know.

[Ermehgerdd 172]

1 minute ago, Jody and Misho said:

I'm curious...is a closure due to Covid unlawful?  Or could you explain what is unlawful?  Really...I want to know.

The difference lies in the consulate conducting other visa business while unreasonably delaying K1 issuance. 

 

[Derek Scheyer 83]

1 hour ago, Ermehgerdd said:

The precedent set could potentially affect K1s processing down the line. 

 

This isn't about speeding up a process. The "process" has been unlawfully halted for nearing 6 months.

 

You say someone needs to "communicate with the embassies that K1s are just as important", but it is the DoS giving the consulates guidance NOT TO process K1s until the final phase.   In some cases, consulates are even issuing tourist visas now over K1s. This suit is that communication.

I was under the impression it is only for the people who sign up. I was saying that whatever action is taken should be for all k1s who are stuck at NVC because there's hundreds of us.

[Jennifer0220 31]

12 hours ago, Ermehgerdd said:

 

State Department guidance released as part of the discovery in the H1B suits indicate K1s are the LOWEST PRIORITY for State Department and it has directed consulates to process them as such. 

 

 

For real? 😮

[Dougefresh56 201]

4 hours ago, Derek Scheyer said:

I was under the impression it is only for the people who sign up. I was saying that whatever action is taken should be for all k1s who are stuck at NVC because there's hundreds of us.

Thousands 

[Calicolom 266]

Fiance is not family, they will be family after marriage.

[Jody and Misho 99]

10 minutes ago, Calicolom said:

Fiance is not family, they will be family after marriage.

Per DS-160, an official government document, it clearly states:  Immediate Relatives means fiance/fiancee, spouse (husband/wife), child (son/daughter), or sibling (brother/sister).  

 

This makes K1 visa 'mission critical'.

[Ermehgerdd 172]

10 minutes ago, Calicolom said:

Fiance is not family, they will be family after marriage.

Fiance is family, all K Visas are family visas...