Thoughts on Writ of Mandamus for K-1 Stuck at NVC

[royyount 31]

With all of the talk of lawsuits recently, what is your thoughts on the Writ of Mandamus filed for our K-1 stuck at the NVC.   I filed nearly one year ago.  Listening to the lawyers talk about the WoM, it sounds pretty good, however I am thinking with CoVid, they can simply claim that everything was shutdown and no action will be taken.  I have requested an emergency 5 times and denied each time, so I am trying to determine the next step.  I can't just do nothing.  This is my life and that of my fiancee that I am dealing with.  I need to fight until the end.

[Letspaintcookies 2,310]

The WoM forces them to make a decision right now not to move faster forward with your case. Since your case is not completed the decision can only be a denial. 

As long as the Mexican embassy doesn't start working on K1s again there is no reason for the NVC to move forward and send it out to the embassy. Also Ciudad Juarez is known for long interview waiting times and now probably even more backlogged than it was before covid.

 

When they denied your emergency expedite 5 times then it probably doesn't fit the criteria for it and there's nothing you can do about.

 

Edit: your timeline looks pretty normal. Just like everybody else's who got interrupted by covid. 

Edited August 24, 2020 by Letspaintcookies

[Derek Scheyer 83]

I personally think all the lawsuits happening will slow everything down for everyone. The lawsuits take months to even happen and by then I'd hope the petitions are starting to move on their own. Also the NVC and consulates will have to put their focus and finances on dealing with lawsuits instead of our petitions. I know we all want our petitions moving faster and I understand we have to do something to make a change but I think there is probably a better way to go about it.

[Just Paul 4,595]

Filing a WoM for a K1 at the NVC is a complete waste of time and money.  For a K1 the NVC packages everything to be sent to the consulate.  Filing a WoM prior to an interview at Juarez is also pretty pointless.  A WoM can not compel an action to be taken such as granting an interview.  It compels an administrative decision based on the facts at hand not based on those yet to be obtained.

3 hours ago, royyount said:

I have requested an emergency 5 times and denied each time, so I am trying to determine the next step.  I can't just do nothing.

Once the consulate start processing K1s again then you should processed in a few months.   Getting married and filing a spousal visa isn't very fast either.  In 2018 when we did our spousal it would have taken over year to get the appointment.  

[Unlockable 7,314]

11 hours ago, royyount said:

With all of the talk of lawsuits recently, what is your thoughts on the Writ of Mandamus filed for our K-1 stuck at the NVC.   I filed nearly one year ago.  Listening to the lawyers talk about the WoM, it sounds pretty good, however I am thinking with CoVid, they can simply claim that everything was shutdown and no action will be taken.  I have requested an emergency 5 times and denied each time, so I am trying to determine the next step.  I can't just do nothing.  This is my life and that of my fiancee that I am dealing with.  I need to fight until the end.

I think you answered your own question above in bold. If you file WOM and the decision is based on COVID, you are back at square one. And like someone already mentioned, a WOM is not a push for them to complete your case, it is a request to make a decision based on what they have now. So if they have not completed everything, then it will be a denial.

 

Also, what was your reasoning for the emergencies? If they were simple asks and not something like a medical emergency, I can see the continuous denials. It will continue to be a futile attempt. I don't think it cost them anything to say no.

 

You are not the only one in this situation. This pandemic has caused a rift in the world. In fact, there may be furloughs in USCIS coming soon.

[Ní hUisce 24]

10 hours ago, Derek Scheyer said:

I personally think all the lawsuits happening will slow everything down for everyone. The lawsuits take months to even happen and by then I'd hope the petitions are starting to move on their own. Also the NVC and consulates will have to put their focus and finances on dealing with lawsuits instead of our petitions. I know we all want our petitions moving faster and I understand we have to do something to make a change but I think there is probably a better way to go about it.

Have you got any evidence to back up these claims? And do have any suggestions for a better way to go about it?

[payxibka 10,045]

10 hours ago, Derek Scheyer said:

I personally think all the lawsuits happening will slow everything down for everyone. The lawsuits take months to even happen and by then I'd hope the petitions are starting to move on their own. Also the NVC and consulates will have to put their focus and finances on dealing with lawsuits instead of our petitions. I know we all want our petitions moving faster and I understand we have to do something to make a change but I think there is probably a better way to go about it.

No low level NVC case processor or consulate officer would be remotely involved in any kind of lawsuit action or activity.

[Crazy Cat 41,846]

14 hours ago, royyount said:

With all of the talk of lawsuits recently, what is your thoughts on the Writ of Mandamus filed for our K-1 stuck at the NVC.   I filed nearly one year ago.  Listening to the lawyers talk about the WoM, it sounds pretty good, however I am thinking with CoVid, they can simply claim that everything was shutdown and no action will be taken.  I have requested an emergency 5 times and denied each time, so I am trying to determine the next step.  I can't just do nothing.  This is my life and that of my fiancee that I am dealing with.  I need to fight until the end.

Not worth the effort, imo....EVERYONE is in the same boat right now....Enjoy the privilege you have of visiting your fiance....

Edited August 24, 2020 by Lucky Cat

[SalishSea 17,829]

15 hours ago, royyount said:

With all of the talk of lawsuits recently, what is your thoughts on the Writ of Mandamus filed for our K-1 stuck at the NVC.   I filed nearly one year ago.  Listening to the lawyers talk about the WoM, it sounds pretty good, however I am thinking with CoVid, they can simply claim that everything was shutdown and no action will be taken.  I have requested an emergency 5 times and denied each time, so I am trying to determine the next step.  I can't just do nothing.  This is my life and that of my fiancee that I am dealing with.  I need to fight until the end.

The decision with be a denial, since they do not have enough info to approve.

[Derek Scheyer 83]

2 hours ago, payxibka said:

No low level NVC case processor or consulate officer would be remotely involved in any kind of lawsuit action or activity.

I'm not proposing that is the specific way it would slow the process down. I'm just saying we're adding a new big workload to the already backlogged embassies. I'm not sure the direct effect it would have on the process, I'm just proposing it could potentially slow things down even further for all of us in some sort of way.

[Derek Scheyer 83]

2 hours ago, Ní hUisce said:

Have you got any evidence to back up these claims? And do have any suggestions for a better way to go about it?

Is there any evidence to back that a lawsuit would speed things up for everyone? My curiosities are not a claim of fact. I'm not sure how to go about it but I just have a feeling there's a better way that has a better outcome for everyone. I just want to be with my fiance as does everyone else 

[payxibka 10,045]

1 minute ago, Derek Scheyer said:

I'm not proposing that is the specific way it would slow the process down. I'm just saying we're adding a new big workload to the already backlogged embassies. I'm not sure the direct effect it would have on the process, I'm just proposing it could potentially slow things down even further for all of us in some sort of way.

And I'm saying the lawyers for the department of state are in DC, several thousand miles away from either the consulate or NVC

[Ní hUisce 24]

1 hour ago, Derek Scheyer said:

Is there any evidence to back that a lawsuit would speed things up for everyone? My curiosities are not a claim of fact. I'm not sure how to go about it but I just have a feeling there's a better way that has a better outcome for everyone. I just want to be with my fiance as does everyone else 

I never claimed that this lawsuit would speed things up for everyone filing K1, nor would it slow things down. I was asking you where you are getting these claims/ line of thought from as it can be interpreted as misleading and you haven't presented any hard facts to your points.

 

I'm only sticking to the fact that those that are filing this lawsuit are:

1. aware that it is not a class action suit (i.e. not affecting all K1 applications)

2. doing so to get the ball rolling on their own visa application

3. are also aware that no lawsuit is ever guaranteed, but the other choice is waiting indefinitely on the government to make a decision on resuming the processing of K1 visas.

 

As per point one, I would have loved it to be a class action suit but kept getting dead ends on how to finance it, and the time it would take to happen. In the end it proved way too drawn out and expensive, and no lawyer was considering taking it on pro bono. It was actually cheaper to go with this one, and faster. Furthermore, because it is not a class action suit, it should not affect your case, nor anyone else's not involved in the lawsuit. What we do not know is if it is going to set a precedent for them to resume all K visas, but for the time being, no, it absolutely shouldn't affect other visa applications.

[Just Paul 4,595]

Wom for a K1 at NVC that is DQ can only mean it's denial.  A DQ'ed K1 is just sitting there for shipment. 

 

There is nothing suit can do to open a consulate.

 

[igoyougoduke 1,656]

22 hours ago, royyount said:

With all of the talk of lawsuits recently, what is your thoughts on the Writ of Mandamus filed for our K-1 stuck at the NVC.   I filed nearly one year ago.  Listening to the lawyers talk about the WoM, it sounds pretty good, however I am thinking with CoVid, they can simply claim that everything was shutdown and no action will be taken.  I have requested an emergency 5 times and denied each time, so I am trying to determine the next step.  I can't just do nothing.  This is my life and that of my fiancee that I am dealing with.  I need to fight until the end.

court's cannot compel USCIS to move faster. it can only force USCIS to make a decision. this is most likely a waste of time and $$$$$