US Embassy in Moscow - Still Closed

[Chauncey 138]

11 minutes ago, T1redofthis said:

We applied in Oct 2019 and received our NOA2 in April 2020.  This is so disheartening.  According to my fiance, Russia pretends like covid doesn't exist, so basically they will process our visas whenever this doesn't exist?  Which could take years?  I'm so frustrated.

 

We should get together and sue them.

I agree. I'd like to join a lawsuit. There's one k1 from russia on here that was part of the last lawsuit and she said she was contacted that she will get an interview soon

[Seth1249 12]

32 minutes ago, T1redofthis said:

We applied in Oct 2019 and received our NOA2 in April 2020.  This is so disheartening.  According to my fiance, Russia pretends like covid doesn't exist, so basically they will process our visas whenever this doesn't exist?  Which could take years?  I'm so frustrated.

 

We should get together and sue them.

We applied in January of 2020 and got approval in April 2020, I've exhausted all avenues I can think of to try and get the Embassy to do something. Emails to the embassy, my U.S. Congressman wrote the embassy, my U.S. Senator wrote the embassy, all of which got the same response. Other than continuing to wait, the only option I can see is filing suit (writ of mandamus) and seeing if it produces a result.

[T1redofthis 15]

52 minutes ago, Chauncey said:

I agree. I'd like to join a lawsuit. There's one k1 from russia on here that was part of the last lawsuit and she said she was contacted that she will get an interview soon

Damn I wish I joined, I didn't because Russia wasn't on the list

[Chauncey 138]

21 minutes ago, Seth1249 said:

We applied in January of 2020 and got approval in April 2020, I've exhausted all avenues I can think of to try and get the Embassy to do something. Emails to the embassy, my U.S. Congressman wrote the embassy, my U.S. Senator wrote the embassy, all of which got the same response. Other than continuing to wait, the only option I can see is filing suit (writ of mandamus) and seeing if it produces a result.

I know someone who filed writ of mandamus for his k1 and they have to respond by the end of February, he's just waiting

[Seth1249 12]

Just now, Chauncey said:

I know someone who filed writ of mandamus for his k1 and they have to respond by the end of February, he's just waiting

Yes, I believe the U.S. Government has 60 days to respond once they are served with the suit. Generally speaking, it  is not worth government resources to fight these types of suits and the U.S. Attorney's Office pushes the embassy or consulate to do whatever it is the plaintiff is asking. Based on the cases I've read, the government only fights the WOM suits when a decision (usually a denial) has already been issued by the embassy/consulate. It is an expensive tool but the WOM appears to work. 

[Chauncey 138]

2 minutes ago, Seth1249 said:

Yes, I believe the U.S. Government has 60 days to respond once they are served with the suit. Generally speaking, it  is not worth government resources to fight these types of suits and the U.S. Attorney's Office pushes the embassy or consulate to do whatever it is the plaintiff is asking. Based on the cases I've read, the government only fights the WOM suits when a decision (usually a denial) has already been issued by the embassy/consulate. It is an expensive tool but the WOM appears to work. 

Yes I think you can only file it if your case is in AP right?

[Seth1249 12]

Just now, Chauncey said:

Yes I think you can only file it if your case is in AP right?

I'm not sure what AP is?

 

An individual is free to file a WOM whenever they want but based on my communication with an immigration attorney, one who wishes to file a WOM should wait until one year from the received date on his/her NOA1. 

[TBoneTX 45,267]

2 minutes ago, Seth1249 said:

what AP is

Administrative processing.

[Seth1249 12]

Just now, TBoneTX said:

Administrative processing.

Thank you. Would this be a status provided on the NVC website?

[Chauncey 138]

4 minutes ago, Seth1249 said:

Thank you. Would this be a status provided on the NVC website?

It's after you have your interview

[millefleur 5,046]

14 minutes ago, TBoneTX said:

Administrative processing.

13 minutes ago, Seth1249 said:

Thank you. Would this be a status provided on the NVC website?

Yeah, it is common in at certain embassies, or if the beneficiary has a military or technology background (or I guess in rare cases government or political connections), that in the period between the interview and the visa being issued, the beneficiary file will be put into a extra "Administrative Processing" where they will do extra background checks/research and this would take anywhere from weeks to months to years....this is not common in RUB or former Soviet countries, unless the beneficiary's work experience is connected to the above mentioned cases (or maybe if they're from Chechnya, or some other area with a recent history of war/terrorism, etc). Lengthy AP is common in countries like Pakistan and Iran.

 

I've rarely seen a RUB applicant get a long AP here, I only remember one case where a Russian man had a aerospace engineering background and his AP went on for months....usually it only lasts a week or two and then it's over and the visa is issued. I believe this is the site where you check the status of it: https://ceac.state.gov/CEACStatTracker/Status.aspx

 

According to the US Embassy site in Moscow:

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MOS-Moscow.html

 

Administrative processing takes additional time after the interview. Most administrative processing is resolved within 60 days. However, the timing varies based on the circumstances of each case. Before inquiring about the status of administrative processing, please wait at least 60 days after your interview.

 

If you're really curious, check out the wikipedia article about it: https://en.wikipedia.org/wiki/Security_Advisory_Opinion

Edited January 22, 2021 by millefleur

[Seth1249 12]

3 minutes ago, Chauncey said:

It's after you have your interview

Yeah, I'm not sure where one's application might be in the process would impact whether or not he/she should file a WOM. The remedy sought in a WOM is to have a court order a federal agency to do something they otherwise should be doing anyway (but have unreasonably delayed or failed to do so). I'm sure pre-covid, a case being stuck in AP was a common situation to pursue a WOM though. 

[Chauncey 138]

13 minutes ago, millefleur said:

Yeah, it is common in at certain embassies, or if the beneficiary has a military or technology background (or I guess in rare cases government or political connections), that in the period between the interview and the visa being issued, the beneficiary file will be put into a extra "Administrative Processing" where they will do extra background checks/research and this would take anywhere from weeks to months to years....this is not common in RUB or former Soviet countries, unless the beneficiary's work experience is connected to the above mentioned cases (or maybe if they're from Chechnya, or some other area with a recent history of war/terrorism, etc). Lengthy AP is common in countries like Pakistan and Iran.

 

I've rarely seen a RUB applicant get a long AP here, I only remember one case where a Russian man had a aerospace engineering background and his AP went on for months....usually it only lasts a week or two and then it's over and the visa is issued. I believe this is the site where you check the status of it: https://ceac.state.gov/CEACStatTracker/Status.aspx

 

According to the US Embassy site in Moscow:

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MOS-Moscow.html

 

Administrative processing takes additional time after the interview. Most administrative processing is resolved within 60 days. However, the timing varies based on the circumstances of each case. Before inquiring about the status of administrative processing, please wait at least 60 days after your interview.

 

If you're really curious, check out the wikipedia article about it: https://en.wikipedia.org/wiki/Security_Advisory_Opinion

If my fiance was in the Russian military for a year would he have to go through longer AP possibly?

[millefleur 5,046]

3 minutes ago, Chauncey said:

If my fiance was in the Russian military for a year would he have to go through longer AP possibly?

I would expect the military background/experience to come up for sure, but how long the AP goes on for really depends on what skill set he learned there. Anything computer science, technology or engineering related might cause a longer AP.

[Chauncey 138]

47 minutes ago, millefleur said:

I would expect the military background/experience to come up for sure, but how long the AP goes on for really depends on what skill set he learned there. Anything computer science, technology or engineering related might cause a longer AP.

I figured so. But he only did the required year all Russian men are supposed to, he didn't have any extensive training or knowledge in anything besides shooting. Do you think that's an issue?