K-1 Lawsuit has been filed in federal court today

[Cheburashka34 228]

41 minutes ago, supportdesk said:

Yes, findings and decisions from that case were incorporated into this suit.

Well that sounds promising, since they are now cancelling other appointments just to schedule DV

[J&A1234 181]

19 minutes ago, Cheburashka34 said:

Well that sounds promising, since they are now cancelling other appointments just to schedule DV

The one thing that worries me is that embassies will just use the coronavirus as an excuse not to process them. For example, I’ve seen on Twitter DV winners who have reached out to the embassy in Moscow without any reply, despite Russia not being affected by any travel ban and numbers being pretty constant and no quarantine/lockdowns since June. Per their website they’re not even doing CR1/IR1s.

[Cheburashka34 228]

16 minutes ago, J&A1234 said:

The one thing that worries me is that embassies will just use the coronavirus as an excuse not to process them. For example, I’ve seen on Twitter DV winners who have reached out to the embassy in Moscow without any reply, despite Russia not being affected by any travel ban and numbers being pretty constant and no quarantine/lockdowns since June. Per their website they’re not even doing CR1/IR1s.

Yes it's crazy. I'm in a telegram chat with a lot of CR1/IR1 applicants for Moscow embassy and they are just waiting, always getting the same generic message saying they aren't processing right now. One person even had an expedite approved and she said they still said they will only do it when they start doing routine processing again. So crazy!!

Edited September 18, 2020 by Cheburashka34

[sl1pstream 551]

4 hours ago, Lucky Cat said:

I wonder why this case wasn't filed 3 months ago.  

The DV case gave them access to internal communications that made it clear that it hadn't just slowed down because of the pandemic.
After that it was just trying to get the necessary amount of plaintiffs together, build the case and get everyone's information. It actually looks like there's a chance that they'll win this and it's super exciting.

 

11 hours ago, imsan said:

I think it won't help majority of K1s since this is not class-action lawsuit. 

They're hoping that it'll have an effect on other cases as well. I hope it does, but considering some of the vicious reactions in some facebook groups and on some forums, I'm going to be pretty happy even if this only helps the plaintiffs. Let's hope it does have some more far-reaching effects though.

[HRQX 4,145]

4 hours ago, Lucky Cat said:

What successful lawsuits?  The DV cases?  

Edit:  I am asking because I haven't kept up with developments as closely as most of you....

They filed the case in the same court (D.D.C.) as Aker v. Trump (DV, etc. case). In Aker v. Trump, the judge was focused on the difference between internal DOS guidance on visa issuance and the President's proclamation on "suspension and limitation on entry." The judge acknowledged that challenges to the President's proclamation were very weak but the challenges to the DOS internal guidance had merit. So maybe K-1 applicants could get the visas and then spend 14 days in an unrestricted country prior to traveling to the US.

 

This new lawsuit is also trying to list K-1 and K-2 applicants as NIE, "any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees," so that they could theoretically use that exemption and travel directly from restricted country to the US. I don't think this approach is based on the result of any of the recent lawsuits.

Edited September 18, 2020 by HRQX

[Crazy Cat 41,985]

10 minutes ago, HRQX said:

So maybe K-1 applicants could get the visas and then spend 14 days in an unrestricted country prior to traveling to the US.

Thanks.   Seems reasonable to me.

[HRQX 4,145]

4 minutes ago, Lucky Cat said:

Thanks.   Seems reasonable to me.

*Side note: It adds more expense to already expensive K-1 process. Lodging, food, etc. costs for 2 weeks on top of the travel costs. And AOS fee change is around the corner. Technically cheaper for those that choose to only file I-485 packet:

But I still think many AOS applicants will at least file I-765 packet with I-485 packet.

[YueQian 22]

I wonder how soon we will hear more on this... fingers crossed

[supportdesk 42]

Full complaint has been made public and can be found here: https://www.dropbox.com/s/vps41qpbo8doqfw/K- 1 Complaint - Redacted.pdf?dl=0

 

 

[imsan 41]

1 hour ago, YueQian said:

I wonder how soon we will hear more on this... fingers crossed

It will take few months for a decision. 

[sl1pstream 551]

On 9/22/2020 at 6:46 AM, imsan said:

It will take few months for a decision. 

Stop spreading falsehoods if you're unaware of any of the details of the case. It's going to take, at most, 60 days and will most likely take far less.

Edited September 23, 2020 by sl1pstream

[YueQian 22]

49 minutes ago, sl1pstream said:

Stop spreading falsehoods if you're unaware of any of the details of the case. It's going to take, at most, 60 days and will most likely take far less.

That's good to hear! Keeping an eye on it

[HRQX 4,145]

54 minutes ago, sl1pstream said:

It's going to take, at most, 60 days and will most likely take far less.

Hard to be certain on time frame of Milligan v. Pompeo case. That same district court took 99 days to issue preliminary injunction in Gomez v. Trump case. https://innovationlawlab.org/cases/gomez-v-trump/

Edited September 23, 2020 by HRQX

[imsan 41]

13 hours ago, sl1pstream said:

Stop spreading falsehoods if you're unaware of any of the details of the case. It's going to take, at most, 60 days and will most likely take far less.

What falsehood? I said few months. You said 60 days. There is no set date. Is there?

[Dougefresh56 201]

On 9/21/2020 at 11:46 PM, imsan said:

It will take few months for a decision. 

A Temporary Restraining Order is being filed tomorrow