K1 Visa Milligan v Pompeo Lawsuit

[AH&TN 14]

33 minutes ago, Jeni82 said:

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.  

I was in the same boat as you, waiting since April! When did the second round take place? My fiance and I have joined round three so just want to get an average of how long it'll take to see some movement in our case. 

 

All the best with your interview! 

Edited February 10, 2021 by AH&TN

[DanNJ02 19]

47 minutes ago, Seth1249 said:

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. 

Can any attorney do it, or is there an advantage of Siskind's firm doing it?

[Seth1249 12]

Just now, DanNJ02 said:

Can any attorney do it, or is there an advantage of Siskind's firm doing it?

I have not read the Siskind lawsuit so I'm not sure if it is based on a mandamus theory. Based on the posts about it though,  I think it alleges other grounds for relief.

 

I think the biggest advantage to the Siskind suit is that plaintiffs are getting results (as attested to by people on here). There are many immigration attorneys who can assist with filing a writ of mandamus. If that is something you're interested in you can certainly consult with one to see if your case would fit for that type of lawsuit. 

[nataliyazhuk 7]

25 minutes ago, AH&TN said:

My fiance and I have joined round three so just want to get an average of how long it'll take to see some movement in our case. 

Right! I think no one knows at this point, we can only speculate if the third round will be added, and if so - when the decision will arrive. During the Facebook live session on Monday they were a little too ambiguous when asked about the timelines. But what I learnt observing the round 2 process - you should stay patient and manage your expectations. Hopefully we get some positive news by mid-March! 

[Jeni82 10]

1 hour ago, AH&TN said:

I was in the same boat as you, waiting since April! When did the second round take place? My fiance and I have joined round three so just want to get an average of how long it'll take to see some movement in our case. 

 

All the best with your interview! 

We joined in early December our first call was 12/8. They filed on 12/18 (it was a little slower beyond this because of the holidays and new year).  On 1/28 we were able to email the embassy saying we were a plaintiff  on 2/1 the London Embassy responded to our interview request with a date.  I think the process would have been a little bit quicker if it weren't for Christmas and New Years.  

[yvonme 124]

Would be great to join but case is not at NVC. 

[HRQX 4,145]

1 minute ago, yvonme said:

Would be great to join but case is not at NVC. 

And Australia is not a Proclamation-banned country. The lawyer's page says: "We are including in the amended litigation individuals who have been approved for K-1s by USCIS but who have not been issued visas because they are subject to a regional travel ban related to COVID (the “14 day” bans). If you are NOT being delayed because you’re from one of the travel ban countries, we recommend you pursue an individual lawsuit."

[yvonme 124]

57 minutes ago, HRQX said:

And Australia is not a Proclamation-banned country. The lawyer's page says: "We are including in the amended litigation individuals who have been approved for K-1s by USCIS but who have not been issued visas because they are subject to a regional travel ban related to COVID (the “14 day” bans). If you are NOT being delayed because you’re from one of the travel ban countries, we recommend you pursue an individual lawsuit."

Nice. Thank you!

[OlgaA 67]

8 hours ago, HRQX said:

And Australia is not a Proclamation-banned country. The lawyer's page says: "We are including in the amended litigation individuals who have been approved for K-1s by USCIS but who have not been issued visas because they are subject to a regional travel ban related to COVID (the “14 day” bans). If you are NOT being delayed because you’re from one of the travel ban countries, we recommend you pursue an individual lawsuit."

True

[Snb3189 7]

Hi everyone,

 

This might be a silly question but, while I could have joined this lawsuit (i.e., fiance in country barred.by PP; NOA2 approved feb 2020, visa payment submitted etc) I worry about the EAD processing timeline in USA, as well as the hiring freezes at companies here. Is this not a concern for others (i.e., they are not worried about their fiance finding a job here during pandemic) or is the EAD process/job market doimg better than I was aware of?

 

Thanks so much in advance for taking the time to share your input and experience!

Edited February 14, 2021 by Snb3189

[HRQX 4,145]

1 hour ago, Snb3189 said:

or is the EAD process/job market doimg better than I was aware of?

It's pretty bad. There's even some April filers that are still waiting on EADs:

Even if you have a job offer it's pretty rare to get EAD without doing biometrics inside of the US. (c)(9) category EADs are only processed at National Benefits Center: https://egov.uscis.gov/processing-times/ "4 Months to 9 Months" right now; always subject to change

[Snb3189 7]

7 hours ago, HRQX said:

It's pretty bad. There's even some April filers that are still waiting on EADs:

Even if you have a job offer it's pretty rare to get EAD without doing biometrics inside of the US. (c)(9) category EADs are only processed at National Benefits Center: https://egov.uscis.gov/processing-times/ "4 Months to 9 Months" right now; always subject to change

Wow, that is wild!! Thanks for sharing!

[stuckonyou 75]

11 hours ago, Snb3189 said:

Hi everyone,

 

This might be a silly question but, while I could have joined this lawsuit (i.e., fiance in country barred.by PP; NOA2 approved feb 2020, visa payment submitted etc) I worry about the EAD processing timeline in USA, as well as the hiring freezes at companies here. Is this not a concern for others (i.e., they are not worried about their fiance finding a job here during pandemic) or is the EAD process/job market doimg better than I was aware of?

 

Thanks so much in advance for taking the time to share your input and experience!

I'm a round two plaintiff, and all I can say is that every couple should of course do what's best in their own individual situation, but since you ask...

 

We haven't thought about this too much. I'm not working in Sweden right now but taking classes online this semester, and for us having two households is costing us more than me waiting a little extra in the US before I can get a job. But either way my personal take on this is that unless you really feel that it would be too tough economically or emotionally to wait a longer time before the beneficiary can work in the US joining the lawsuit seems like a really good thing. There are a lot of unknowns right now. We don't know when the backlog will be cleared, and it might even still be there when you guys do apply later on lawsuit or no lawsuit. No one knows. We don't know when things are going to start resembling normal again with work or with a lot of things. So to me the sooner that AOS and EAD application can be sent in the better, because at least you'll have started the process.

 

I'm also thinking that as a K1 you're aware that you're not going to be able to work at first, so that's already considered in at least some way even though the pandemic of course makes pretty much everything more difficult than usual. It stinks, but that's life. I might even apply for at least one online course for the fall semester and get some CSN money, but mostly just for something to do. I believe this would be okay because it's not considered working in any way, shape or form. Volunteering somewhere can also be an option if something to do is needed to stay sane.

 

So that's my take on it, and at least I'll be with my fiancé. ☺️

[SalishSea 17,829]

12 hours ago, Snb3189 said:

Hi everyone,

 

This might be a silly question but, while I could have joined this lawsuit (i.e., fiance in country barred.by PP; NOA2 approved feb 2020, visa payment submitted etc) I worry about the EAD processing timeline in USA, as well as the hiring freezes at companies here. Is this not a concern for others (i.e., they are not worried about their fiance finding a job here during pandemic) or is the EAD process/job market doimg better than I was aware of?

 

Thanks so much in advance for taking the time to share your input and experience!

Of course it is a concern, and has only gotten worse with the pandemic.  The lawsuit has no impact on EAD processing times.

 

It is one of the biggest drawbacks of the K-1.

[mabukaone 1]

Round 1

Many if not all of the Plaintiffs in have moved forward in their case:

1. Were issued a Visa

2. Interview was scheduled and/or Case was moved from NVC to Consulate

3. Some have already arrived in the USA

 

Round 2 

1. Were issued a Visa

2. Interview was scheduled and/or Case was moved from NVC to Consulate

3. Specifically for Rio...There has absolutely been forward movement as of last week. Plaintiffs case that were stuck at NVC are now in Rio.

4. Consulates ARE processing plaintiff cases as a priority. Anyone who says otherwise is just guessing and has no idea what they're talking about