Writ of Mandamus

[Gomast 65]

When should I consider filing WOM?

I'm still within normal processing times for Miami FL: 13-33 months. It has been 21 months since filing the AOS and I haven't received an interview date yet. Should I wait to be outside normal processing times before filing WOM?

 

Timeline:

I-485 filing date: 10/8/2019 

Biometrics: 10/31/2019 

RFE for AOS: 11/4/2019 

Response to RFE: 12/13/2019

[Crazy Cat 41,836]

The decision could go either way.  Are you prepared in case you get a swift denial?

[Boiler 45,467]

A Lawyer would file a WoM, do you have a Lawyer, what do they say?

[Gomast 65]

I don't have a lawyer yet. I read that in most WOM cases, the USCIS finish the processing faster and submit final result instead of contesting case in court, so I am considering to file the WOM myself, without a lawyer. I want to make sure that I have a strong case, so I might wait to be outside normal processing times. @Lucky Cat do you think that there is high probability of denial since I didn't have an interview? I understand that if it has been 2 years since marriage, then in some cases they waive the interview?

[Gomast 65]

2 hours ago, Boiler said:

A Lawyer would file a WoM, do you have a Lawyer, what do they say?

I haven't consulted with a lawyer yet. I'm a DIY guy... But I guess I'll start with a consultation to understand what's the probability of WOM.

[Boiler 45,467]

I have not seen a DiY WoM please keep us updated.

[Crazy Cat 41,836]

49 minutes ago, Gomast said:

I don't have a lawyer yet. I read that in most WOM cases, the USCIS finish the processing faster and submit final result instead of contesting case in court, so I am considering to file the WOM myself, without a lawyer. I want to make sure that I have a strong case, so I might wait to be outside normal processing times. @Lucky Cat do you think that there is high probability of denial since I didn't have an interview? I understand that if it has been 2 years since marriage, then in some cases they waive the interview?

I don't know.  We have seen both approvals and denials after a WOM.  I would absolutely consult an experienced attorney.

[USC4SPOUSE 506]

8 hours ago, Gomast said:

When should I consider filing WOM?

I'm still within normal processing times for Miami FL: 13-33 months. It has been 21 months since filing the AOS and I haven't received an interview date yet. Should I wait to be outside normal processing times before filing WOM?

 

Timeline:

I-485 filing date: 10/8/2019 

Biometrics: 10/31/2019 

RFE for AOS: 11/4/2019 

Response to RFE: 12/13/2019

@Gomast The current case receipt inquiry date is 10/16/18. I would not take the WOM just yet.

right now, they are approving 50% of the cases within 13 months and 93% of the cases within 33 months.

of course, covid happened, etc. 

question for you, why do you think is taking so long? Did you submit enough evidence of bona fide marriage with your AOS filing? do you think maybe the background checks are taking too long? (You got your combo card. So the issue is probably not the background checks).

you could always apply to jobs that require having a green card. If you get a job offer, you could reach out to your us senator or congress person and ask them to request your interview yo be scheduled. 

[Gomast 65]

5 minutes ago, USC4SPOUSE said:

@Gomast The current case receipt inquiry date is 10/16/18. I would not take the WOM just yet.

right now, they are approving 50% of the cases within 13 months and 93% of the cases within 33 months.

of course, covid happened, etc. 

question for you, why do you think is taking so long? Did you submit enough evidence of bona fide marriage with your AOS filing? do you think maybe the background checks are taking too long? (You got your combo card. So the issue is probably not the background checks).

you could always apply to jobs that require having a green card. If you get a job offer, you could reach out to your us senator or congress person and ask them to request your interview yo be scheduled. 

OMG, did I mess up?! I only submitted our marriage certificate, photo of our wedding in the court house, photo of our wedding party with our families and that’s all for the evidence of marriage! Now that it has been 2 years of marriage I have a lot more that I can submit, such as joint bank accounts, car insurance, medical insurance, utility bills etc. but I didn’t submit any of these documents because I filed for AOS 6 weeks after our marriage. Can I submit additional proof or is it too late? Wouldn’t the USCIS send an RFE if there was insufficient evidence?

* technically I don’t have a combo card. I had a travel document which already expired. The application to renew it is still pending and EAD was approved a few months ago. 

[USC4SPOUSE 506]

1 minute ago, Gomast said:

OMG, did I mess up?! I only submitted our marriage certificate, photo of our wedding in the court house, photo of our wedding party with our families and that’s all for the evidence of marriage! Now that it has been 2 years of marriage I have a lot more that I can submit, such as joint bank accounts, car insurance, medical insurance, utility bills etc. but I didn’t submit any of these documents because I filed for AOS 6 weeks after our marriage. Can I submit additional proof or is it too late? Wouldn’t the USCIS send an RFE if there was insufficient evidence?

* technically I don’t have a combo card. I had a travel document which already expired. The application to renew it is still pending and EAD was approved a few months ago. 

Did you adjust from K-1?

[USC4SPOUSE 506]

If you adjusted from K-1, what you submitted is fine. If you didn’t adjust from K-1, then its always a good idea to submit evidence since you met or started dating.

 

[Gomast 65]

34 minutes ago, USC4SPOUSE said:

If you adjusted from K-1, what you submitted is fine. If you didn’t adjust from K-1, then its always a good idea to submit evidence since you met or started dating.

 

Yes, I adjusted from K-1. So  I’ll wait another year until I’ll file the WOM. 

[USC4SPOUSE 506]

2 minutes ago, Gomast said:

Yes, I adjusted from K-1. So  I’ll wait another year until I’ll file the WOM. 

They will approve you. Miami is just a busy field office. They’re probably really behind.

on the upside, you’ll qualify for the 10 year green card after all is said and done

[SalishSea 17,818]

11 hours ago, Gomast said:

I don't have a lawyer yet. I read that in most WOM cases, the USCIS finish the processing faster and submit final result instead of contesting case in court, so I am considering to file the WOM myself, without a lawyer. I want to make sure that I have a strong case, so I might wait to be outside normal processing times. @Lucky Cat do you think that there is high probability of denial since I didn't have an interview? I understand that if it has been 2 years since marriage, then in some cases they waive the interview?

I think you are confused. Do you think filing a WOM without having had an interview will force an approval??

 

What is the published processing time of your LFO?  If you're going to sue to get a GC without an interview, within processing time, you're wasting money and heading for disappointment.

[SalishSea 17,818]

6 hours ago, Gomast said:

OMG, did I mess up?! I only submitted our marriage certificate, photo of our wedding in the court house, photo of our wedding party with our families and that’s all for the evidence of marriage! Now that it has been 2 years of marriage I have a lot more that I can submit, such as joint bank accounts, car insurance, medical insurance, utility bills etc. but I didn’t submit any of these documents because I filed for AOS 6 weeks after our marriage. Can I submit additional proof or is it too late? Wouldn’t the USCIS send an RFE if there was insufficient evidence?

* technically I don’t have a combo card. I had a travel document which already expired. The application to renew it is still pending and EAD was approved a few months ago. 

We submitted hardly any of that.  We had sent our packet in like two weeks after marriage, so there was not much to submit.  We had our interview after 14 months, and brought everything then.  This is the typical process for adjusting from a K-1.