K1 Visa Milligan v Pompeo Lawsuit

[Claire6 26]

Can someone answer me this? Yesterday in FB live the lawyers made it sound like no matter what happens, the judge will most likely make it so it applies to all K-1s, so the only upside for joining is that the plaintiffs will get interviews first. If I am from a country that has such a small number of applicants, is there even a point for me to join? Or did I misunderstand what they were saying?

Edited February 9, 2021 by Claire6

[EricLT 29]

53 minutes ago, Claire6 said:

Can someone answer me this? Yesterday in FB live the lawyers made it sound like no matter what happens, the judge will most likely make it so it applies to all K-1s, so the only upside for joining is that the plaintiffs will get interviews first. If I am from a country that has such a small number of applicants, is there even a point for me to join? Or did I misunderstand what they were saying?

The problem is we don't know if the judge will agree to make it free for all. The lawyers also mentioned that the department of state will probably fight if that's the case. The upcoming stimulus check will help us out a little bit. 

[Claire6 26]

36 minutes ago, EricLT said:

The problem is we don't know if the judge will agree to make it free for all. The lawyers also mentioned that the department of state will probably fight if that's the case. The upcoming stimulus check will help us out a little bit. 

I see, I thought the lawyer said "there are two outcomes/options, either one,  judge will rule to add plaintiffs and then make the ruling apply to all K1s or two , he won't add them because it will be pointless either way, due to the fact that all K1's will be processed. They made it sound like the only reason someone would want to join is if your embassy has a huge backlog... I was planning to join but now I am not sure how to take what they said. One of the lawyers sounded conviced the judge will rule so it applies to all K1s

Edited February 9, 2021 by Claire6

[EricLT 29]

46 minutes ago, Claire6 said:

I see, I thought the lawyer said "there are two outcomes/options, either one,  judge will rule to add plaintiffs and then make the ruling apply to all K1s or two , he won't add them because it will be pointless either way, due to the fact that all K1's will be processed. They made it sound like the only reason someone would want to join is if your embassy has a huge backlog... I was planning to join but now I am not sure how to take what they said. One of the lawyers sounded conviced the judge will rule so it applies to all K1s

If the judge amends his original ruling to apply to all K1 proclamation countries, then yes you're only joining to get interviewed a little quicker than non plaintiffs 

[lamsywei 2]

Wondering if there is a recording of the FB live. Please advise. Thank you.

[EricLT 29]

3 minutes ago, lamsywei said:

Wondering if there is a recording of the FB live. Please advise. Thank you.

Yes search Siskind Susser on Facebook 

Edited February 9, 2021 by EricLT

[HRQX 4,145]

On 2/4/2021 at 1:27 PM, JeanneAdil said:

what i have not seen is anyone here on VJ say "we were in the lawsuit and now have had our interview and visa issued "

Here is another Plaintiff that got his visa and has entered the US:

On 2/4/2021 at 8:50 AM, JeanneAdil said:

the court order does not require that plaintiffs be given special priority ahead of other K visa applicants who have requested interviews or who already have been scheduled for interviews.

That part is referring to what the judge called "non-Proclamation Plaintiffs" https://www.courtlistener.com/recap/gov.uscourts.dcd.222172/gov.uscourts.dcd.222172.20.0.pdf "the couples with a foreign-born fiancé(e) who resides outside those 31 countries — i.e., the “non-Proclamation Plaintiffs.” This distinction between the two groups of Plaintiffs will be significant as this Opinion unfolds." "While it does not provide relief at this time, the Court does not rule out that its calculus could change if the delays continue for a more extended period. Nor does this ruling preclude individual Plaintiffs, some of whom may be facing more extended application timelines, from contesting the lawfulness of those delays."

On 2/7/2021 at 5:21 PM, Myn4kix said:

To move a plaintiff ahead of others who have waited longer would be discriminatory. If that is happening more law suits will follow seeking damages for those passed over. That’s a lawsuit I would join.

The judge did not rule in favor of the "non-Proclamation Plaintiffs." See above link to the judge's Order.

On 2/5/2021 at 10:19 AM, DanNJ02 said:

I ask because the Bogotá embassy website mentions presidential proclamation 10014 as one of the reasons they're not processing some  Immigrant visas.

K-1 visas are not affected by PP 10014.

[cararyn 12]

On 2/4/2021 at 12:45 PM, stuckonyou said:

The deadline is February 15th.

Can you please tell me how do I join? Thank you!

[HRQX 4,145]

11 minutes ago, cararyn said:

Can you please tell me how do I join? Thank you!

Egypt is not a Proclamation-banned country so it looks like you can't join the amended lawsuit:

On 2/5/2021 at 5:53 PM, David and Anna said:

Imho, the decision as to whether to join the third group in the lawsuit should be based on the following:

 

1)  Are you at NVC or the embassy?  If yes, then keep going down this list

2)  Are you at a travel banned country?  If yes, then keep going down this list

3)  Do you have $2000 that you can afford to spend on this opportunity?  If yes, then keep going down this list

4)  Do you think Biden will keep illegally using the travel ban to prohibit K-1 visa issuance?  If yes, keep going down this list

5)  Even if Biden does do the right thing (or if the Judge orders the gov to process all K-1s), do you believe there will be a significant delay in K-1 processing due to the huge backlog that has been created during the past many months of near zero visa's being issued?  If yes, keep going down the list

6) At this point, you meet the criteria, you have the money, and you think your visa will be delayed one way or the other = JOIN THE LAWSUIT

 

[cararyn 12]

2 minutes ago, HRQX said:

Egypt is not a Proclamation-banned country so it looks like you can't join the amended lawsuit:

 

😓 This is so frustrating. I know a gal who was part of the second lawsuit who was able to get her interview at the embassy there as a result of this lawsuit.

[OlgaA 67]

34 minutes ago, cararyn said:

😓 This is so frustrating. I know a gal who was part of the second lawsuit who was able to get her interview at the embassy there as a result of this lawsuit.

Even if you are not from those countries you can still apply as individual mandamus

36 minutes ago, cararyn said:

😓 This is so frustrating. I know a gal who was part of the second lawsuit who was able to get her interview at the embassy there as a result of this lawsuit.

You can contact your lawyer and try to apply

[DanNJ02 19]

6 hours ago, OlgaA said:

Even if you are not from those countries you can still apply as individual mandamus

You can contact your lawyer and try to apply

Do you know how much it costs to apply as an individual mandamus?

[OlgaA 67]

4 minutes ago, DanNJ02 said:

Do you know how much it costs to apply as an individual mandamus?

Unfortunately not 

[Seth1249 12]

22 minutes ago, OlgaA said:

Unfortunately not 

If you do it yourself the filing fee is right over $400. The cost of service of process on the various defendants (U.S. officials and agencies) can also get expensive. An attorney would probably do it for around $3,500 or so. 

[Jeni82 10]

My fiancé and I joined the second round of the lawsuit.  We've had been held up at the UK Embassy since March 2020 waiting for an interview.  We were finally able to get an interview scheduled for a few weeks from now once we had proof that we were accepted as a plaintiff in the second round of Milligan v Pompeo.  It's annoying that we had to pay to get an interview but after waiting almost a year we felt like it was our best course of action.