Anyone tried a K-1 mandamus case?

[Yehuda 26]

So been waiting for an interview since July 2021. I contacted some lawyers to get my case expedited and paid them 1860. Two days later they told me that there was a 99% my case would fail and asked if I wanted a refund. I took the refund. The looked up the lawyers who did the Milligan vs Pompeo case and paid $150 today for a consultation. They told me that I can file a Mandamus case and most likely the government would just settle without a fight. This would cost $3500, which I was willing to pay. The problem is though if the government decides to fight it, I will HAVE to pay 10,000. I can't back out, I would be responsible for it. I haven't paid or signed any contracts yet. What do you think I should do?

[Lucky2Lucky 2,526]

I’m assuming you mean July 2020. Thousands if not tens of thousands of people have been waiting for an interview since 2020 due to covid/embassy’s closure and I think that is a LOT of money to spend. You did not mention what country your fiancé is from so it’s not clear if they are even processing k1s at this time or what the holdup could be. If your k1 is denied you will have to marry. It’s your call but I would not spend that amount. Good luck and I hope you hear something soon.

[Chancy 6,240]

3 hours ago, Yehuda said:

What do you think I should do?

 

None of us here are privy to the details of your case, so we won't be able to tell you if going for Mandamus will be worth it or not.  I suggest you consult with a lawyer with a lot of experience with WoM.  Jim Hacking gets mentioned a lot.  Here's one VJ member who was helped by his firm --

 

 

[John & Rose 7,239]

9 hours ago, Yehuda said:

So been waiting for an interview since July 2021. I contacted some lawyers to get my case expedited and paid them 1860. Two days later they told me that there was a 99% my case would fail and asked if I wanted a refund. I took the refund. The looked up the lawyers who did the Milligan vs Pompeo case and paid $150 today for a consultation. They told me that I can file a Mandamus case and most likely the government would just settle without a fight. This would cost $3500, which I was willing to pay. The problem is though if the government decides to fight it, I will HAVE to pay 10,000. I can't back out, I would be responsible for it. I haven't paid or signed any contracts yet. What do you think I should do?

I can tell you as a fact, if USCIS is forced to decide you may not like the decision.  I know of 2 cases that were denied because USCIS argued that it did not have enough time to do their due diligence so if forced to make a decision, they could not truthfully determine if all of their questions were resolved.  It may work for some but be prepared in case they decide to fight.  Mandamus only forces them to do their duty and that may include a quick denial of the case.  

[Adventine 3,189]

18 minutes ago, John & Rose said:

I can tell you as a fact, if USCIS is forced to decide you may not like the decision.  I know of 2 cases that were denied because USCIS argued that it did not have enough time to do their due diligence so if forced to make a decision, they could not truthfully determine if all of their questions were resolved.  It may work for some but be prepared in case they decide to fight.  Mandamus only forces them to do their duty and that may include a quick denial of the case.  

I agree. It's risky and we can only comment based on the (very) limited info that OP provided here.

 

Has OP tried all other avenues, such as requesting for an expedite, before going the scorched earth route of suing the government?

[John & Rose 7,239]

Just now, Adventine said:

I agree. It's risky and we can only comment based on the (very) limited info that OP provided here.

 

Has OP tried all other avenues, such as requesting for an expedite, before going the scorched earth route of suing the government?

July isn't that bad.  I've seen hundreds that have been waiting longer.  I know people who have been waiting since March 2020.  I'm not sure if suing is the answer but the frustration is certainly justified.

[Commish10 427]

12 hours ago, Yehuda said:

So been waiting for an interview since July 2021. I contacted some lawyers to get my case expedited and paid them 1860. Two days later they told me that there was a 99% my case would fail and asked if I wanted a refund. I took the refund. The looked up the lawyers who did the Milligan vs Pompeo case and paid $150 today for a consultation. They told me that I can file a Mandamus case and most likely the government would just settle without a fight. This would cost $3500, which I was willing to pay. The problem is though if the government decides to fight it, I will HAVE to pay 10,000. I can't back out, I would be responsible for it. I haven't paid or signed any contracts yet. What do you think I should do?

I'm waiting since March 2020.

[Lotherest 11]

8 hours ago, Commish10 said:

I'm waiting since March 2020.

Me too. Does your status on CEAC say expired?

[StellaGB1 29]

20 hours ago, Yehuda said:

So been waiting for an interview since July 2021. I contacted some lawyers to get my case expedited and paid them 1860. Two days later they told me that there was a 99% my case would fail and asked if I wanted a refund. I took the refund. The looked up the lawyers who did the Milligan vs Pompeo case and paid $150 today for a consultation. They told me that I can file a Mandamus case and most likely the government would just settle without a fight. This would cost $3500, which I was willing to pay. The problem is though if the government decides to fight it, I will HAVE to pay 10,000. I can't back out, I would be responsible for it. I haven't paid or signed any contracts yet. What do you think I should do?

What country are you from? If it’s not being processed because of covid travel bans you can just join the next round of Milligan vs Pompeo. I’m guessing it’s not that reason because I’m assuming that would’ve come up in the consultation but just making sure

[Yehuda 26]

5 hours ago, StellaGB1 said:

What country are you from? If it’s not being processed because of covid travel bans you can just join the next round of Milligan vs Pompeo. I’m guessing it’s not that reason because I’m assuming that would’ve come up in the consultation but just making sure

It's the same lawyers who did that case. Philippines isn't a travel ban country.

[Yehuda 26]

21 hours ago, Luckycuds said:

I’m assuming you mean July 2020. Thousands if not tens of thousands of people have been waiting for an interview since 2020 due to covid/embassy’s closure and I think that is a LOT of money to spend. You did not mention what country your fiancé is from so it’s not clear if they are even processing k1s at this time or what the holdup could be. If your k1 is denied you will have to marry. It’s your call but I would not spend that amount. Good luck and I hope you hear something soon.

This is the Philippines forum. I am American trying to get my Filipina fiance here. I have about 13K in the bank, I could spend it, but then I would be broke. 

[Adventine 3,189]

Given the situation, it seems prudent to exhaust all avenues for expediting before deciding to sue.

 

There are many other expenses, big and small, that will follow even after the Writ of Mandamus is granted (required medical if your fiancée hasn't done that yet, domestic travel if your fiancée isn't in Manila, flight to the US, required COVID test, wedding expenses, AOS, supporting your wife during the months she cannot work while waiting for EAD, health insurance, etc.).

 

Seems prudent to keep the 13k in reserve for all that.

Edited February 5, 2021 by Adventine

[John & Rose 7,239]

You will need that $13K when she arrives.  Depending on your location, they dont have a lot of winter clothes.  The Milligan case wont help the Philippines but the lawyers are offering to do the mandamus for people outside the Milligan case area.  Suing is certainly a personal choice so I wish you the very best.  Personally, I would wait this out a little longer.  K-1 interviews are increasing every month and spousal interviews are at pre-covid numbers.  They normally do 500± K-1 interviews a month and now they are at 60±.  That means there is a big backlog at one of the busiest embassies in the world.  NYT did an article yesterday stating the there are 380,000 people worldwide waiting on interviews.  Most are work and tourist but that is going to take a while to get through.

Edited February 5, 2021 by John & Rose

[flicks1998 1,044]

1 hour ago, John & Rose said:

You will need that $13K when she arrives.  Depending on your location, they dont have a lot of winter clothes.  The Milligan case wont help the Philippines but the lawyers are offering to do the mandamus for people outside the Milligan case area.  Suing is certainly a personal choice so I wish you the very best.  Personally, I would wait this out a little longer.  K-1 interviews are increasing every month and spousal interviews are at pre-covid numbers.  They normally do 500± K-1 interviews a month and now they are at 60±.  That means there is a big backlog at one of the busiest embassies in the world.  NYT did an article yesterday stating the there are 380,000 people worldwide waiting on interviews.  Most are work and tourist but that is going to take a while to get through.

Thats the biggest thing I forgot about when I moved back to the US, the cost of having seasonal clothes.  Having one season every year, your wardrobe is much much smaller.  But throw 4 seasons into it and not only do you need more closet space, but a larger clothing budget.

[John & Rose 7,239]

8 minutes ago, flicks1998 said:

Thats the biggest thing I forgot about when I moved back to the US, the cost of having seasonal clothes.  Having one season every year, your wardrobe is much much smaller.  But throw 4 seasons into it and not only do you need more closet space, but a larger clothing budget.

I have a wife and two teenage step kids.  I estimated about $2000 each for clothes, jackets (spring and winter), boots, hats, shoes, gloves (no "slippers" in 3 of the seasons), etc....Luckily my wife loves to find bargains.  They found some used clothes stores and got well suited (North Face, Uggs, Carhartt) for a total less than $500.  I was amazed and the clothes are really good.  Some still had original tags on them.  Shorts and sandals are only good for a few months in Chicago.  

Edited February 5, 2021 by John & Rose