K-1 Lawsuit has been filed in federal court today

[powerpuff 6,703]

2 hours ago, elkski said:

I just hope they process as the applications came into the system where ever they are.  I hope the litigants don't hop in front of others in front of them in the que. 

I'm not a litigant in this case (didn't even receive my NOA2), but why wouldn't they get what you refer to as 'special treatment'? Not only are they at the final stages of K1, but they're the ones who decided to go to court and take action. So yes, I would expect their particular cases to be looked at right away in a case of a positive outcome. My hope is that as a result of that, the rest of us non-litigants would also get a move on on our cases. Because I'm sure the DOS wouldn't want another lawsuit. 

[Gatekeeper 35]

18 minutes ago, powerpuff said:

I'm not a litigant in this case (didn't even receive my NOA2), but why wouldn't they get what you refer to as 'special treatment'? Not only are they at the final stages of K1, but they're the ones who decided to go to court and take action. So yes, I would expect their particular cases to be looked at right away in a case of a positive outcome. My hope is that as a result of that, the rest of us non-litigants would also get a move on on our cases. Because I'm sure the DOS wouldn't want another lawsuit. 

I fully agree with this. And I’m not a plaintiff, I hope this will serve as a strong enough legal precedent that it will help to resume K-1 visas processing for other people who are stuck at NVC or at Embassy stage.

[Ermehgerdd 172]

12 hours ago, elkski said:

I just hope they process as the applications came into the system where ever they are.  I hope the litigants don't hop in front of others in front of them in the que. 

If we're successful, litigants will be processed more expeditiously than non litigants because the court order will be specific to processing our visas.

 

Hopefully it also means the embassies keep on processing K visas after processing ours, too.

[sl1pstream 551]

20 hours ago, elkski said:

I just hope they process as the applications came into the system where ever they are.  I hope the litigants don't hop in front of others in front of them in the que. 

Hey buddy. Bud. Friend. Friendo.

I'll be more than happy if our case makes it so that everyone's visa starts getting processed again. If we, as litigants, are the cause for this whole thing to start moving again, despite what the Trump administration wants I'm going to be super proud of what we did.

However, we're the ones who sued the government to get this done. There wouldn't be any movement because of this lawsuit if there wasn't a lawsuit to begin with. We sued them, why shouldn't we get priority over the people that didn't?

That being said, we're not there yet and it's ridiculous to already come in here and start claiming that you should still get priority over us before we win this thing.

Edited October 28, 2020 by sl1pstream

[sl1pstream 551]

On 10/26/2020 at 5:09 PM, Gatekeeper said:

Do you know by any chance if there were some plaintiffs from the Shengen area?...

I'm from the Schengen area. I'll make sure to post a celebratory "I told you so" post here as well when I get mine.

[Gatekeeper 35]

5 minutes ago, sl1pstream said:

I'm from the Schengen area. I'll make sure to post a celebratory "I told you so" post here as well when I get mine.

Btw, I don’t know if your comment was specifically for me, but I never said this lawsuit would not work, since I wasn’t even aware of it😉

[sl1pstream 551]

31 minutes ago, Gatekeeper said:

Btw, I don’t know if your comment was specifically for me, but I never said this lawsuit would not work, since I wasn’t even aware of it😉

Oh no, it wasn't. It was more of a general comment about the people who did call it a scam.

[elkski 28]

8 hours ago, sl1pstream said:

That being said, we're not there yet and it's ridiculous to already come in here and start claiming that you should still get priority over us before we win this thing.

dont try to quote me incorrectly.   I said I hope the processing continues in the order that cases were in the que.. I don't think being part  lawsuit should give any cases priority.  You can take pride in jumpstarting this Administration.. it seems the only thing they are good at is losing lawsuits... 

One thing is all the K1 couples who survive this will have a stronger relationship.  I wonder if the data will show this caused a higher number of applications to be withdrawn.  I know this has put pressure on our relationship. but NOA2 gave us hope again. 

[powerpuff 6,703]

10 hours ago, elkski said:

dont try to quote me incorrectly.   I said I hope the processing continues in the order that cases were in the que.. I don't think being part  lawsuit should give any cases priority.  You can take pride in jumpstarting this Administration.. it seems the only thing they are good at is losing lawsuits... 

Then what’s the point of lawsuits if it brings other people outside of the lawsuit the rewards in case the judge awards them? 
 

I’m sorry but having a law background, your logic is flawed.

 

Below is a simple Wikipedia page screenshot.

it says that a successful outcome is in the favor of a plaintiff(s), then those particular plaintiffs in the suit get the reward. In this K-1 case the plaintiffs are the X amount of people. Not ALL the thousands and thousands of K1 applicants in the world today. 
 

These plaintiffs took the time and effort to find lawyers, find other people to join the lawsuit, PAY the lawyers (there are several for this case) because they are not working for a charity and they have to be paid.

 

so if you don’t want the plaintiffs “to get priority” and “hop the queue”, then I suggest you should also make an effort and file a lawsuit against the DOS. 

Edited October 29, 2020 by powerpuff

[sl1pstream 551]

15 hours ago, elkski said:

 I said I hope the processing continues in the order that cases were in the que.. I don't think being part  lawsuit should give any cases priority.

I don't see how I quoted you incorrectly, that's exactly what I thought you said and exactly what I responded to.

 

15 hours ago, elkski said:

You can take pride in jumpstarting this Administration.. it seems the only thing they are good at is losing lawsuits...

I mean, yes. But we brought the lawsuit. It's easy to say that now, but we still did it. So yes, we should get priority. There's also only about a 190 of us in the suit, it's not like there are that many people jumping the line.

  

15 hours ago, elkski said:

One thing is all the K1 couples who survive this will have a stronger relationship.  I wonder if the data will show this caused a higher number of applications to be withdrawn.  I know this has put pressure on our relationship. but NOA2 gave us hope again. 

I'm not exactly sure what your point is. Everyone who's been through this unscathed has a strong relationship. We even sued the government to be together. Hope alone won't fix things, which is why we sued in the first place. If things start moving again because we sued, I really don't get the hostility towards the people who decided to sue. We put time, effort and money into this thing. We took the risk that came with that. I'd be super happy if others see a result as well, but we should take priority because of what we did. Maybe you'd be happier if everyone just took the wait and hope route?

Edited October 29, 2020 by sl1pstream

[LKA 27]

Look people, we are all in the same boat....all frustrated, all tired, and all of us want to be reunited with our loved ones. Just stop all the hostility already. Everyone had the option to join the lawsuit. I reached out to the attorneys and they sent the information to join. We read the documents, looked at the cost and talked it out. We decided to save our money and wait it out. Those that are involved in the lawsuit have paid to get their cases heard. Common sense is going to tell you THOSE are the cases that are going to be looked at first as other cases are not in these attorneys hands. With everything else going on in the country right now and the election that is going to make or break this country ahead of us, I'm struggling to find a sense of unity between this unique group of people. My fiancé and I are almost 11 months into our process and haven't seen each other in 9 months. So many of you are even further than that. The entire planet is in a state of crisis, our country is in a state of crisis. Why are y'all throwing punches?!?! 

[Orangesapples 1,954]

2 minutes ago, elkski said:

The lawsuit may have already started up the K1 process didnt the government announce that they will begin the day after the lawsuit was filed.  I still maintain that there should be no jumping in line. 

Your tripping if you think you deserve to jump the que.  Maybe we will never know.   But I hope they actually slow yours down on purpose. 

Why would you hope for that? 

[sl1pstream 551]

19 minutes ago, elkski said:

The lawsuit may have already started up the K1 process didnt the government announce that they will begin the day after the lawsuit was filed.  I still maintain that there should be no jumping in line. 

No, they announced it right before the deadline to join. You're also proving the point that they did it because of the lawsuit. Also, clearly they announced something they didn't follow through on in most countries, or we wouldn't be having this discussion in the first place. They wanted to get rid of the lawsuit but they failed to do so.

 

19 minutes ago, elkski said:

Your tripping if you think you deserve to jump the que.  Maybe we will never know.   But I hope they actually slow yours down on purpose. 

Okay, first off, my paperwork already made it to the embassy before they shut down, so we would've been at the front of the line anyway, but why are you being such a jerk about this? I'm part of the suit and I'm hoping that they'll work on others as well. Why exactly would you want us to get slowed down after the lawsuit we helped bring started the process again? We're not even in the same country, our case wouldn't even affect yours.

 

Also, this entire thing is still hypothetical, we don't even know if we're going to win this yet or if it'll have a general effect if we do win. Why are you being like this?

Besides, it's not jumping the queue. In an ideal situation (given the whole covid thing and in a truly ideal situation we wouldn't have had to sue to begin with) we'd be taken out of the queue, processed and then the queue would get to go again. It's not like there's a whole lot of movement now, so it's not like prioritizing our cases is going to negatively affect yours. Stop being a jerk.

Edited October 31, 2020 by sl1pstream

[Ollieh97 20]

56 minutes ago, elkski said:

I still maintain that there should be no jumping in line. 

You realise this isn’t a class action lawsuit? right now, assuming this even wins, plaintiffs won’t just be jumping the que, they will be the que. there is only hope that it will affect non plaintiffs. If the case wins, the lawsuit will not be dismissed until every single plaintiff has received a final decision from a consular officer on their case, so it will be in the Department of states best interest to process plaintiffs first. And even if this was a class action, plaintiffs would still be processed ahead of everyone else as that’s just how lawsuits work, and rightly so, because if it wasn’t for the plaintiffs, there wouldn’t even be the potential of having your case worked on anytime soon, and the government would carry on doing whatever they please. so instead of being so bitter and hoping that it slows people’s cases down, be grateful that they took the risk to try and get things moving, and accept that the government will prioritise plaintiffs.

[sl1pstream 551]

I also just noticed that they filed their case in February. That makes this whole thing even more ridiculous. He's not even negatively impacted by a delay, because he hasn't even made it to the NVC yet.

Edited October 31, 2020 by sl1pstream