Successful WRIT OF MANDAMUS on K1 Visa

[SJordanS 343]

I made a note to myself to be sure to come back here to Visa Journey to share with you all my experience with my filing of the writ of mandamus, whether the results would be good or bad, as I am hoping many of you, who were stuck like me, get the resolve you deserve. I noticed no one has documented enough about it so I'm happy to be the first.

 

My Writ of Mandamus that my lawyer filed forced the Jordanian Embassy to make a decision on our case since being stuck in AP since September 2019. It was a SUCCESS. My fiancé picked up his Visa this morning. Before I get into the process, how long it took, who I hired, etc, I will breakdown my timeline first below. 

 

I'm asking the senior and regular active members here to try to refrain from continuously sharing FALSE information about WoM. In the past several weeks I have read numerous comments from many of the senior members on other WoM posts DISCOURAGING people to move forward yet admitting to not knowing much about it or how it works.  First of all you are not lawyers. Try not discourage on a subject you don't know much about. That's what petitioners and beneficiaries should seek legal consultations for. No two WOM's are alike. Only a lawyer can tell you if you are a good candidate and hopefully, you will consult with a lawyer like mine who insisted he see the petition and hear our case before agreeing.

 

So here is my timeline and what happened with my WOM:

 

- Visa Category, K-1

- Fiance's consulate Interview was 9/8/2019 (I-129F petition filed 3/23/2018)

- Agent at window advised we need to wait for a call that would "come in shortly" and returned passport

- Numerous emails sent to the Embassy inquiring what they needed with no response

- October 31, 2019 received an email from embassy asking for proof of relationship....we sent the same exact package they returned to us 10 minutes before his interview. Only thing we added were a few more photos

- No updates or word from them until January 2020 where I saw several updates on CEAC, no communication.

- February 2020 pandemic hit, no word. AP changed to REFUSED

- Researched writ of mandamus just in case we didn't hear anything soon and in fear pandemic will drag our case

- April 2020 located the best lawyer for me with long successful track record and paid for a 30 minutes consultation. After hearing my story and seeing my case, he accepted my case.

- May 15th I started my case. 

- May 22nd my case was sent to the 8 agencies my lawyer was suing. They have 60 days to respond.

- Those 8 agencies are: USCIS,  DEPT OF STATE,  DEPT OF HOMELAND SECURITY,  US CONSULATE AMMAN JORDAN,  SECRETARY OF THE DEPT OF DEPT OF HOMELAND SECURITY,  THE DIRECTOR OF USCIS, SECRETARY OF STATE, CHARGE' D'affaires of the US CONSULATE AMMAN JORDAN. 

- June 29, my fiance receives a call from the US Embassy Amman asking him to update his Medical and send it in with his passport. We wait. 

- July 18, Passport is sent back to my fiance with a list of 10 questions (similar to DS-5535) and to email responses back and wait for a call. Paper states it can take 2-6 weeks.

- July 18 also, US Attorney emails my lawyer and asks for a 60 day extension since its close to deadline. Judge also grants it. 

- July 23, I email the responses to the 10 questions to Embassy.

- August 26, Embassy calls my fiance back to resend his passport again

- September 2, my lawyer receives an email from the US Attorney advising him that the Visa has been issued and CEAC status changes an hour later to "ISSUED"

- September 3, my fiance tracks the tracking number and sees Visa is already at Aramex and goes picks it up.

 

It took a total of about 3 1/2 months from the time they were served to finish. Definitely worth it. I have read some members giving incorrect information that the WoM could cost around $15,000 and read other outrageous numbers. It does not. I checked numerous lawyers before hiring mine and have received quotes anywhere from $4000 to $8000. Definitely have not heard more. I paid for my consultation which was then applied towards my WoM.  My lawyer charged me on the lower end than most.  I hired Jim Hacking of The Hacking Law Firm. I would only recommend him. 

 

Please feel free to message me if you have any questions. Wishing you all love and happiness! 

 

 

[Crazy Cat 41,810]

Congratulations......It has been a long journey for you......good luck in the future.

[Calimay 8]

Wow! Glad to hear that you will be reunited soon  Happy for you both!
 

Any idea if a writ of mandamus can override the current presidential proclamation? 

[Just Paul 4,595]

10 hours ago, SJordanS said:

Jim Hacking of The Hacking Law Firm

I'd definitely agree to use him. I saw him speak at a conference.  It takes 3 good things to get a WoM done - A good lawyer and a good case (well facts)  AND a judge willing to listen.

[SJordanS 343]

14 hours ago, Calimay said:

Wow! Glad to hear that you will be reunited soon  Happy for you both!
 

Any idea if a writ of mandamus can override the current presidential proclamation? 

That I dont know. I can send you my attorneys email if you want to email him that question. 

[Calimay 8]

7 minutes ago, SJordanS said:

That I dont know. I can send you my attorneys email if you want to email him that question. 

That would be great, thank you  

[Unlockable 7,314]

Thanks for the update and congrats. I've always said that this forum does not get enough information about people who have gone through the WOM so this will be extremely helpful.

 

A few clarifications. No one on the forum claims to be a lawyer if they are not. Although we do have a a few lawyers who contribute to here, they are well known and contribute accordingly. In WOM threads it is often stated that not enough information is known about the process or the success rate of it. But what is known is that it can be expensive and does not guarantee success. Any clearly false information that is spread on this site is rightfully corrected. False information about WOM is not actively spread on here. 

 

The Hacking Law Firm has been mentioned several times on this site and have many positive reviews. I'm glad they are doing great work and hopefully they will be successful on helping other people who want to go this route.

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[HRQX 4,145]

On 9/3/2020 at 10:37 AM, Calimay said:

Any idea if a writ of mandamus can override the current presidential proclamation? 

Not wise to try Writ of Mandamus if you are subject to a Proclamation. If you win a Writ of Mandamus case, it just means the embassy must make a decision (approval or denial) on the visa application. Thus, you'll be forcing them to deny your case as the CO can't override the President*.

 

*Technically it should be argued that it's actually an internal DOS guidance that (wrongfully) implements the Proclamation. Do note that the guidance comes from way above the CO.

Edited September 8, 2020 by HRQX

[SalishSea 17,801]

On 9/3/2020 at 10:37 AM, Calimay said:

Wow! Glad to hear that you will be reunited soon  Happy for you both!
 

Any idea if a writ of mandamus can override the current presidential proclamation? 

You really wouldn't want them to make a decision in your case even before an interview.....because it would be a denial.

[SJordanS 343]

On 9/4/2020 at 2:33 AM, Unlockable said:

Thanks for the update and congrats. I've always said that this forum does not get enough information about people who have gone through the WOM so this will be extremely helpful.

 

A few clarifications. No one on the forum claims to be a lawyer if they are not. Although we do have a a few lawyers who contribute to here, they are well known and contribute accordingly. In WOM threads it is often stated that not enough information is known about the process or the success rate of it. But what is known is that it can be expensive and does not guarantee success. Any clearly false information that is spread on this site is rightfully corrected. False information about WOM is not actively spread on here. 

 

The Hacking Law Firm has been mentioned several times on this site and have many positive reviews. I'm glad they are doing great work and hopefully they will be successful on helping other people who want to go this route.

I actually hired The Hacking Law Firm from hearing great reviews on FB from many hopeless couples who hadn't seen the light of day for years. However, having recommended this route to many people like myself

[SJordanS 343]

To add to what I wrote.... I cant say enough that no two petitions are alike and I insist everyone considering mandamus have a thorough consult before going through with it. Some lawyers will see an opportunity to take your cash and want to take the case without reviewing your petition or talking with you. Steer clear away from those lawyers! My decision to hire The Hacking Law firm was partially based on reviews from many hopeless couples who posted their success stories on FB, the other reason was because Jim Hacking had me send in my petition to REVIEW it then we consulted. I paid $100 for the 30 minute consultation (because when you are good at something never do it for free), then after going over the details and the pros and cons, I knew I had a great chance on approval. Then I hired him. 

Edited September 12, 2020 by SJordanS
wasnt finished

[tafar 3]

Hi SJordanS

Congrats on getting the visa. I applied for my husband back in 2018, he completed his interview at a US embassy and we are waiting for his visa too.  I have a question. Do you know by any chance in what federal district court the WoM was filed by your lawyer? Is it the district court in DC?

Thanks in advance.