Legal Action to get K-1 Approved

[Schildkrote5 27]

I was talking with my Fiancé who is in a facebook group of K-1 Visa applicants who share their statuses. Supposedly a bunch of plaintiffs (K-1 Visa applicants) got together with an immigration attorney and sued the US Immigration in order to have their cases moved forward. Well... now most of those cases have been approved. This is incredibly frustrating as we have been waiting in line for our case to be moved from the NVC to the embassy, and now a bunch of selfish and impatient applicants have jumped the line.

[SteveInBostonI130 3,454]

They have not really "jumped the line".  If they have been approved while the rest are still suspended from processing, then they have actually shortened the process for the rest of the K1 applicants who were waiting "in the line" behind them.  When the embassies start normal K1 processing, these people will not be in the queue.

 

It's more of a win-win.  Being frustrated with DOS for not processing the K1's for normal applicants, I can understand.  But why be upset at the people who won their lawsuit and have their K1's processed while the embassy is idle?  

 

 

[Schildkrote5 27]

Because the embassies are not idle right now, cases are being moved to "in transit" and people are scheduling interviews. So no, it is not shortening the process for us, you are incorrect in that assumption.

[Chauncey 138]

I just think it's sad that you have to file a lawsuit in order to get anything done 

I might like to join one if things still don't improve by March

 

 

Edited December 23, 2020 by Chauncey

[Chancy 6,241]

36 minutes ago, Schildkrote5 said:

Because the embassies are not idle right now, cases are being moved to "in transit" and people are scheduling interviews. So no, it is not shortening the process for us, you are incorrect in that assumption.

 

Before passing judgement on the people involved in the lawsuit, why don't you check the facts about visa issuance first?  Here is the link on the issuance statistics for you -- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

Prior to the ruling on the lawsuit, embassies/consulates in the Schengen area, UK, and Ireland were hardly processing K1 visa cases.  Interviews were NOT being scheduled, contrary to what you claim.  Now, after the ruling, embassies are starting to process K1 again.  The lawsuit may not be the direct cause for this change but it seems to have served as motivation for the embassies to not use the presidential proclamations as their excuse to suspend the issuance of K1 visas.

 

Rather than being spiteful, maybe you should consider being grateful to those involved in the lawsuit for blazing the trail for you?

 

[werdna 65]

4 hours ago, Schildkrote5 said:

I was talking with my Fiancé who is in a facebook group of K-1 Visa applicants who share their statuses. Supposedly a bunch of plaintiffs (K-1 Visa applicants) got together with an immigration attorney and sued the US Immigration in order to have their cases moved forward. Well... now most of those cases have been approved. This is incredibly frustrating as we have been waiting in line for our case to be moved from the NVC to the embassy, and now a bunch of selfish and impatient applicants have jumped the line.

We're talking about a handful of people at each embassy or consulate.  Not significant.  Redirect your anger to the trump administration that created this problem and thank those of us that put time and money into the lawsuit that is providing benefit to others as well, even if not as quickly as us plaintiffs.

[Adventine 3,196]

6 hours ago, Schildkrote5 said:

This is incredibly frustrating as we have been waiting in line for our case to be moved from the NVC to the embassy, and now a bunch of selfish and impatient applicants have jumped the line.

How are they selfish if they paid the extra money and put in the extra effort to join a lawsuit which didn't have any guarantees of success?

 

They took a risk and it paid off. Moreover, they have set a precedent for others whose cases are also taking way too long. 

 

It will be good to do some self-reflection, to examine the roots of your hostility and frustration, and ask yourself why you feel this way towards people who, before joining the lawsuit, were in the exact same situation as you.

[Cyberfx1024 7,980]

3 hours ago, werdna said:

We're talking about a handful of people at each embassy or consulate.  Not significant.  Redirect your anger to the trump administration that created this problem and thank those of us that put time and money into the lawsuit that is providing benefit to others as well, even if not as quickly as us plaintiffs.

Redirect your anger at Covid that created a worldwide pandemic instead

[werdna 65]

2 minutes ago, Cyberfx1024 said:

Redirect your anger at Covid that created a worldwide pandemic instead

COVID caused the initial closures but the Trump administration failed to handle the pandemic in general, and more specifically for this thread, they used it as an excuse to keep out more immigrants by refusing to process K-1 visas even while processing thousands of tourists at many embassies and consulates. Even when things were back to normal in many countries.  That's a policy decision, nothing to do with COVID.

[Orangesapples 1,954]

8 hours ago, Schildkrote5 said:

I was talking with my Fiancé who is in a facebook group of K-1 Visa applicants who share their statuses. Supposedly a bunch of plaintiffs (K-1 Visa applicants) got together with an immigration attorney and sued the US Immigration in order to have their cases moved forward. Well... now most of those cases have been approved. This is incredibly frustrating as we have been waiting in line for our case to be moved from the NVC to the embassy, and now a bunch of selfish and impatient applicants have jumped the line.

What? No, they took action, paid money and they won in court. You could've done the same thing. Isn't it more selfish to wait for others to do the hard work and pay for the lawsuits? 

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[Schildkrote5 27]

7 hours ago, Chancy said:

 

Before passing judgement on the people involved in the lawsuit, why don't you check the facts about visa issuance first?  Here is the link on the issuance statistics for you -- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

Prior to the ruling on the lawsuit, embassies/consulates in the Schengen area, UK, and Ireland were hardly processing K1 visa cases.  Interviews were NOT being scheduled, contrary to what you claim.  Now, after the ruling, embassies are starting to process K1 again.  The lawsuit may not be the direct cause for this change but it seems to have served as motivation for the embassies to not use the presidential proclamations as their excuse to suspend the issuance of K1 visas.

 

Rather than being spiteful, maybe you should consider being grateful to those involved in the lawsuit for blazing the trail for you?

It's possible that is the case, but highly unlikely. I'm entitled to my opinion just as you are. My opinion is that yes this may have sped the process up, but now we are in a situation where it pays to play. I can easily afford to pay a lawyer $3000 to put my name on a list, but is that really the precedent we want to set in the immigration process. Now I need to sue to get what I want, in the very classical American way? No I will not do this, I was originally a Canadian citizen, and I went through the correct immigration process to become a citizen, now I will bring my fiancé to the United States in the proper manner  and not screw other people ahead of me in the process.

2 hours ago, Adventine said:

How are they selfish if they paid the extra money and put in the extra effort to join a lawsuit which didn't have any guarantees of success?

 

They took a risk and it paid off. Moreover, they have set a precedent for others whose cases are also taking way too long. 

 

It will be good to do some self-reflection, to examine the roots of your hostility and frustration, and ask yourself why you feel this way towards people who, before joining the lawsuit, were in the exact same situation as you.

This is exactly the point I'm making...these people may not be in the same situation as me. I've been waiting well over a year for my case to move to the embassy and now potentially someone who hasn't even waited 3 months can jump me in the line. This is not how this is supposed to work. 

 

 

 

 

Edited December 24, 2020 by Schildkrote5

[Schildkrote5 27]

3 hours ago, werdna said:

We're talking about a handful of people at each embassy or consulate.  Not significant.  Redirect your anger to the trump administration that created this problem and thank those of us that put time and money into the lawsuit that is providing benefit to others as well, even if not as quickly as us plaintiffs.

 I'm not directing anger, I'm expressing frustration in the process and how people are handling their business carelessly.

[SunflowerSweet 1,321]

Great news! You ALSO have the option and right to bring a suit against the US Government! You can do this too! I work in the civil division of the US Attorneys Office so I can say I have personally seen people do it ALL THE TIME!

 

Opinions are fine and all to have, but a lot of your assumptions and statements here are completely false in the face of how things actually work. The fact that other people put in the time, money, and effort to sue the government from a position that you would benefit from (starting up the processing of K-1 visas) is a positive thing, and their success in such suits can and likely will help others in these situations by creating pressure and citable precedent.

 

You’re clearly also impatient if you were moved enough to complain about what is a relatively small drop of cases getting approved in a bucket that’s otherwise overflowing. Even if we ignore any of the real benefits these suits could have for you, I highly doubt it has any sizable impact on your individual processing time.

 

I’m not sure if your fiancé plans on applying for citizenship eventually, but if so she will be quizzed on civics and how the government works. Maybe a fun thing for both of you to study and learn more about!

 

 

 

 

[TBoneTX 45,304]

2 minutes ago, MorganandMichael said:

she will be quizzed on civics and how the government works. Maybe a fun thing

And here's the official VJ study guide:

http://www.visajourney.com/forums/topic/382775-mrs-t-b-the-citizenship-test/