Is Manila accepting expedites for K1?

[John & Rose 7,239]

Just now, Adventine said:

 

Ouch. We'll see if Daniel or one of the other plaintiffs responds. What a sad situation all around.

It is awful.  The lawyers got $2500 per couple with around 150 couples for Manila alone and really no way for the plaintiffs to actually get any real relief.  Similar cases are filed in Brazil and Russia.  Not sure if they got enough plaintiffs to move forward.  

[DanielMarianne 49]

Case has not been filed yet. Last they spoke in their public update, it will be filed early this week. There are at least 148 couples.

 

As for the speculation about not getting interviews or getting prioritized, the attorneys spoke on this during their last update from 4/12. Here was a snippet of what they said, and I urge you to listen to their exact words, as this was just cliff notes of it:

 

Quote

 

-29:01-30:02- Question on government not giving priority, even on a mandamus. Chuck said that "if you are a named plaintiff in a case, then you have to be given priority because that’s how it works... that’s how mandamuses work."

 

Jeff then said "the messaging from the consulate has changed" and discussed how being a name plaintiff does not allow you to jump ahead of other in the line, and how he feels the consulate is correct on that. He said if they are really following first-in, first-out, it doesn’t mean that because you are a named plaintiff that you get priority, but what does give you priority is that because your name is in front of a judge, there will come a point where the judge will say "This is no longer okay. These people have paid, they have waited, issue their visa." — regardless of whether he issued an order or not. 

 

Chuck replied and said "but if the judge issues an order and sets a deadline..." and then Jeff agreed with Chuck that yes, the plaintiff will be given priority. Jeff added that eventually, the judge will stop granting extensions on these cases and will eventually want the government and the Immpact team to just settle it.

 

I feel confident it will work out. While there may be case issues from certain plaintiffs, I am expecting major relief for the majority of the plaintiffs. As an example of it working, Cairo plaintiffs have already been scheduled for interviews a couple days after their lawsuit had been filed.

[Adventine 3,196]

3 minutes ago, DanielMarianne said:

Case has not been filed yet. Last they spoke in their public update, it will be filed early this week. There are at least 148 couples.

 

As for the speculation about not getting interviews or getting prioritized, the attorneys spoke on this during their last update from 4/12. Here was a snippet of what they said, and I urge you to listen to their exact words, as this was just cliff notes of it:

 

I feel confident it will work out. While there may be case issues from certain plaintiffs, I am expecting major relief for the majority of the plaintiffs. As an example of it working, Cairo plaintiffs have already been scheduled for interviews a couple days after their lawsuit had been filed.

 

Do you have a link to the recording or a transcript? Or is that information strictly reserved for the plaintiffs?

 

In any case, I certainly hope it works out for those who joined the lawsuit. The delays have gone on far too long.

[DanielMarianne 49]

8 minutes ago, Adventine said:

 

Do you have a link to the recording or a transcript? Or is that information strictly reserved for the plaintiffs?

 

In any case, I certainly hope it works out for those who joined the lawsuit. The delays have gone on far too long.

It’s all public on YouTube. I’ll send you a PM.

[Marek50 24]

On 4/4/2021 at 2:21 AM, nykolos said:

"don't go whining"? LOL   the only whining were going to hear is from the litigants who got ripped off for $2500 and are still apart from their Fiance's...  Words like "cautiously optimistic" are merely a hook,  a hook to reel in desperate petitioners who've been apart from their Fiance's, and who feel they have no other recourse.  Even if by some miracle this Class action lawsuit is successful, the plaintiffs named do NOT have priority ahead of other K1 Visa applicants, meaning they still have to wait for the backlog in front of them, did you know that?

 

This is what I don't understand about you,  your NO2 is in May 2020, that means you only have a 2 month backlog in front after the embassy reopens, which is expected soon now that vaccinations are underway in Manila, and yet you're joining a class action lawsuit? or is this more about promoting one?

 

And I most definitely will be with my lovely Fiance for Christmas and for New Years,  regardless if she's here in the US or the Philippines, since Foreign travel into the Country is already opening up,  For $2500, I could book 2 round trips plane tickets and it would be a sure thing that I would be with her,  unlike rolling the dice with a group of greedy and opportunistic lawyers.

 

 

 

Everything you said is completely false. Literally everything you said. Plaintiffs absolutely do get a priority, it's a mandamus lawsuit, did you know that? (educate yourself on mandamus)  May 2020 is not a 2 month backlog once the embassy opens to regular K1's. They will not open to full capacity in the next year at the soonest (please read the news, either CNN or Fox will do for this topic) So that 2 months is more like 8 months to a year or more at best, and that's once they re open, whenever that is . Lastly, foreign travel is opening up in the Philippines????  Yeah ok, with covid spiking there and a president using it for a power trip? They have had the longest lockdown of any country and now the are going to open up????? Because you think they will???? Sorry man, you didn't join and you have a bunch of excuses telling yourself why. Unfortunately they are all a false narrative you have made up to make yourself feel ok with making a terrible decision. But hey, if that helps you sleep and night, that alright. 🙂

[Marek50 24]

40 minutes ago, John & Rose said:

It is awful.  The lawyers got $2500 per couple with around 150 couples for Manila alone and really no way for the plaintiffs to actually get any real relief.  Similar cases are filed in Brazil and Russia.  Not sure if they got enough plaintiffs to move forward.  

 

These are the top immigration lawyers in America. Relief comes via a writ of mandamus, that's what a mandamus suit was designed to do 🙂   Just to give everyone some background, they didn't want to take this suit at first, so it wasn't about the money. They wanted to make sure they could win the lawsuit and make sure they could get our cases expedited if we won. $2500 for mandamus suit is a steal. I checked with another lawyer before I joined who had no skin in the game and he said it was absolutely winnable.

[John & Rose 7,239]

25 minutes ago, Marek50 said:

 

These are the top immigration lawyers in America. Relief comes via a writ of mandamus, that's what a mandamus suit was designed to do 🙂   Just to give everyone some background, they didn't want to take this suit at first, so it wasn't about the money. They wanted to make sure they could win the lawsuit and make sure they could get our cases expedited if we won. $2500 for mandamus suit is a steal. I checked with another lawyer before I joined who had no skin in the game and he said it was absolutely winnable.

Suskind said that the Embassy will move the plaintiffs onto the list but not in front of the people waiting.  So yes, it is a win but with 5000± cases waiting for interviews and about 50 interviews a month right now, there is quite a backlog.  The State Department (and the lawyers) mentioned that there are almost 400,000 interviews that are waiting.  That includes all types of visas but that is a BIG number.  I got the information directly from the lawyers video blog.

 

A Writ of Mandamus forces the government agency to perform the duties of their office, it does NOT, direct the agency to change their process or put plaintiffs ahead of others.  That is the difference between this and Milligan.  Milligan did get expedited interviews.  Manila will get interviews but not expedited in front of other cases already waiting.  The lawyers did win the suit but the plaintiffs have varying relief.  If they were at NVC, they will be forwarded to the embassy and put in line for interview.  If already at the embassy, they will wait their turn as they would have prior to the suit.  That is how I understand what the lawyers are saying.  

 

That is why I am here.  I am hoping Daniel can share what is going on as he was one of the major pushers for this suit.

Edited April 19, 2021 by John & Rose

[John & Rose 7,239]

Latest update here...NVC now says up to 2,000,000 immigrant cases in the process somewhere right now.

 

 

https://www.facebook.com/watch/live/?v=2903968566548920&ref=watch_permalink

 

Edited April 19, 2021 by John & Rose

[DanielMarianne 49]

1 hour ago, John & Rose said:

Latest update here...NVC now says up to 2,000,000 immigrant cases in the process somewhere right now.

 

 

https://www.facebook.com/watch/live/?v=2903968566548920&ref=watch_permalink

 

It’s actually 2.6 million in the backlog. Here was the article Greg was talking about:

https://www.cnn.com/2021/04/12/politics/biden-challenge-immigration-visa-backlog-invs/index.html

 

At this point, if you don’t file a lawsuit, you won’t get approved for a very long time. They are so far behind and have such a skeleton crew that I just don’t see it happening.

[John & Rose 7,239]

3 minutes ago, DanielMarianne said:

It’s actually 2.6 million in the backlog. Here was the article Greg was talking about:

https://www.cnn.com/2021/04/12/politics/biden-challenge-immigration-visa-backlog-invs/index.html

 

At this point, if you don’t file a lawsuit, you won’t get approved for a very long time. They are so far behind and have such a skeleton crew that I just don’t see it happening.

Thanks for the update!  Good luck to you.  Come back occasionally and let us know how it's going.

[nykolos 711]

On 4/19/2021 at 11:32 AM, Marek50 said:

 

Everything you said is completely false. Literally everything you said. Plaintiffs absolutely do get a priority, it's a mandamus lawsuit, did you know that? (educate yourself on mandamus)  🙂

I appears that it's you pushing the falsehoods here, not me. 

Lawsuit over fiancé(e) visa delays

Category: Fiancé(e) visa, Fiancé(e) visa lawsuit

Due to the COVID-19 pandemic, many foreign-born fiancé(e)s are facing substantial delays in processing their fiancé(e) visas. The US Embassies and Consulates were closed for months and are only slowly resuming the processing of K-1 visas depending on the situation in each country.

When the President issued the Proclamations (“PPs”) that suspended entry into the U.S. certain foreigners who have been physically present in China, Iran, Schengen Area, U.K., Ireland, or Brazil in the previous 14-days, the State Department suspended issuing visas to people residing in those countries.

Over 150 U.S. citizens filed a class action lawsuit to force the State Department to resume issuance of fiancé(e) visas. On November 19, 2020, the court prohibited the State Department from relying on the PPs to suspend visa issuance to the named plaintiffs affected by those PP.

K-1 visa applicants who are named plaintiffs and subject to a regional proclamation should contact their nearest Embassy or Consulate for
guidance on scheduling a visa interview. However, they do not have priority ahead of other K visa applicants and remain subject to the regional PPs.

 

 

[DanielMarianne 49]

7 minutes ago, nykolos said:

I appears that it's you pushing the falsehoods here, not me. 

Lawsuit over fiancé(e) visa delays

Category: Fiancé(e) visa, Fiancé(e) visa lawsuit

Due to the COVID-19 pandemic, many foreign-born fiancé(e)s are facing substantial delays in processing their fiancé(e) visas. The US Embassies and Consulates were closed for months and are only slowly resuming the processing of K-1 visas depending on the situation in each country.

When the President issued the Proclamations (“PPs”) that suspended entry into the U.S. certain foreigners who have been physically present in China, Iran, Schengen Area, U.K., Ireland, or Brazil in the previous 14-days, the State Department suspended issuing visas to people residing in those countries.

Over 150 U.S. citizens filed a class action lawsuit to force the State Department to resume issuance of fiancé(e) visas. On November 19, 2020, the court prohibited the State Department from relying on the PPs to suspend visa issuance to the named plaintiffs affected by those PP.

K-1 visa applicants who are named plaintiffs and subject to a regional proclamation should contact their nearest Embassy or Consulate for
guidance on scheduling a visa interview. However, they do not have priority ahead of other K visa applicants and remain subject to the regional PPs.

 

 

It appears that you are referring to the group cases of Milligan v. Blinken and Kinsley v. Blinken. Milligan has not had the writ of mandamus part of the lawsuit ruled on, as it is difficult to make a ruling when each consulate is processing differently. Kinsley does not have one, and was only targeting the travel bans.

 

The Manila mandamus lawsuit is strictly a writ of mandamus for "unreasonable delay" against the US Embassy in Manila (USEM). Despite the messaging from DOS, plaintiffs have been getting priority and interviews around the world from these lawsuits. Does that mean that interviews of others who are pending will get cancelled for us? No, but I have faith in the government that they can walk and chew gum at the same time and process our cases too/next.

 

At the end of the day, the whole point of it is to get our cases processed, which has clearly not been happening outside of expedites and 221Gs. However, if there is a ruling and an outstanding order from a judge, the lawyers have stated that the consulates do not have a choice and will need to process our cases. See my previous post. 

[nykolos 711]

On 4/19/2021 at 11:32 AM, Marek50 said:

May 2020 is not a 2 month backlog once the embassy opens to regular K1's.

Just because you failed to comprehend what I posted, doesn't make it a lie.. I quoted a member who's NO2 date was in May of 2020, the USEM in Manila closed in March of 2020, that's amounts to a 2 month backlog of petitioners who are front of him.. And to say that a 2 month backlog amounts to 8 months is pure speculation on your part, you posted nothing to substantiate that.

 

On 4/19/2021 at 11:32 AM, Marek50 said:

Lastly, foreign travel is opening up in the Philippines????  Yeah ok, with covid spiking there and a president using it for a power trip? They have had the longest lockdown of any country and now the are going to open up?????

Yes, at the time I posted this, I called Philippine Airlines and was informed that I could go to the Philippine consulate and request a Tourist Visa, Vaccination required, once I have that I can book my flight.. No quarantine, however it would be subject to change.

 

I have to ask, Are you associated with a law firm? I suspect that you and some others here are as well, otherwise why are you being so defensive? and why are you pushing so much negativity about Petitioners who don't join in the lawsuit?, It reads like YT videos from Immigration lawyers who push these same doom and gloom scenarios, suggesting; "If you don't acquire our services or join in our lawsuit, it could be years before you see your fiance",  Or as one wrote, "you wont be with your Fiance for Christmas"  LMAO.   

I see a lot of Immigration attorney's on social media taking full advantage of Covid and the lock downs, just like they have with other tragedies of the past, They're the modern day version of Ambulance chasers, what remains unchanged is they'll never offer their clients a guaranty of success,  if their unsuccessful in the lawsuit, the Attorney's keep all the money you paid, and you're no further ahead than you were before you gave the money, just $2500 poorer.

 

 

 

Edited April 21, 2021 by nykolos

[SHANE (USA) 12]

4 hours ago, nykolos said:

Just because you failed to comprehend what I posted, doesn't make it a lie.. I quoted a member who's NO2 date was in May of 2020, the USEM in Manila closed in March of 2020, that's amounts to a 2 month backlog of petitioners who are front of him.. And to say that a 2 month backlog amounts to 8 months is pure speculation on your part, you posted nothing to substantiate that.

 

Yes, at the time I posted this, I called Philippine Airlines and was informed that I could go to the Philippine consulate and request a Tourist Visa, Vaccination required, once I have that I can book my flight.. No quarantine, however it would be subject to change.

 

I have to ask, Are you associated with a law firm? I suspect that you and some others here are as well, otherwise why are you being so defensive? and why are you pushing so much negativity about Petitioners who don't join in the lawsuit?, It reads like YT videos from Immigration lawyers who push these same doom and gloom scenarios, suggesting; "If you don't acquire our services or join in our lawsuit, it could be years before you see your fiance",  Or as one wrote, "you wont be with your Fiance for Christmas"  LMAO.   

I see a lot of Immigration attorney's on social media taking full advantage of Covid and the lock downs, just like they have with other tragedies of the past, They're the modern day version of Ambulance chasers, what remains unchanged is they'll never offer their clients a guaranty of success,  if their unsuccessful in the lawsuit, the Attorney's keep all the money you paid, and you're no further ahead than you were before you gave the money, just $2500 poorer.

 

 

 

Like Daniel, I also joined the lawsuit to get my Fiancée🇵🇭 to America🇺🇸 ASAP.

Will we win?.. ...IDK🤷🏻‍♂️ 

If we win, will we be scheduled for an interview at USEM faster than if we hadn't joined the lawsuit at all?.. ...IDK🤷🏻‍♂️ 

But I chose to join the lawsuit because if it's successful, I know that I would have seriously regretted my decision to not join it when seeing the Plaintiffs reunited with their Fiancées sooner than later.

 

I also took this gamble because the lawfirms representing us have won several Federal cases in a row, so it seems not so risky. 

Is $2500 a lot of money to risk?.. ...ABSOLUTELY!!!

If my gamble has a negative outcome, then I'm out $2500... ...but at the end of the day, that equals less than one week of pay for me as I net far more than $2500 in a week. 

But I'm very optimistic that we will win. And with a positive outcome, not only will I finally be able to marry my Fiancée, but I'll be in a different tax bracket in which I will easily regain the $2500 lawyer fee.

 

Ultimately, it is ridiculous and totally unfair for USEM to stop ALL Routine K1 Fiancée Visa Interviews/Processing for over a year now, while processing other Visas. 

Therfore, I sincerely hope that we are all reunited with our Fiancées ASAP!

 

 

[nykolos 711]

4 hours ago, SHANE (USA) said:

Like Daniel, I also joined the lawsuit to get my Fiancée🇵🇭 to America🇺🇸 ASAP.

Will we win?.. ...IDK🤷🏻‍♂️ 

If we win, will we be scheduled for an interview at USEM faster than if we hadn't joined the lawsuit at all?.. ...IDK🤷🏻‍♂️ 

But I chose to join the lawsuit because if it's successful, I know that I would have seriously regretted my decision to not join it when seeing the Plaintiffs reunited with their Fiancées sooner than later.

 

I also took this gamble because the lawfirms representing us have won several Federal cases in a row, so it seems not so risky. 

Is $2500 a lot of money to risk?.. ...ABSOLUTELY!!!

If my gamble has a negative outcome, then I'm out $2500... ...but at the end of the day, that equals less than one week of pay for me as I net far more than $2500 in a week. 

But I'm very optimistic that we will win. And with a positive outcome, not only will I finally be able to marry my Fiancée, but I'll be in a different tax bracket in which I will easily regain the $2500 lawyer fee.

 

Ultimately, it is ridiculous and totally unfair for USEM to stop ALL Routine K1 Fiancée Visa Interviews/Processing for over a year now, while processing other Visas. 

Therfore, I sincerely hope that we are all reunited with our Fiancées ASAP!

 

 

I hope that you and your Fiance are successful, I mean that sincerely as someone who is the same situation.

 

Theirs a whole lot of promotion going on with lawsuits like these, so I'm quite suspect when these same people on social media come in here and promote it as well,  members who claim that it works but are still waiting for the outcome,  it's all just one BIG RED FLAG for me. You're confidence in law firms is far greater than mine, I just don't trust them, especially when their trying to drum up business.

 

Please keep us posted.