Writ of Mandamus

[Gomast 65]

7 hours ago, Jorgedig said:

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.

I agree with you. The published processing time is 13-33 months. It has been 21 months since I filed the AOS. I have 12 months until I'm outside normal processing times. I read some court decisions that they would approve a WOM even within the processing time, if the court believes that unreasonable time has passes, but I prefer to increase the probability of the WOM approval if I submit it outside of the processing times.

What would happen if WOM is approved and AOS is denied because I didn't have an interview? Can I still file for IR-1?

[SalishSea 17,829]

13 hours ago, Gomast said:

Can I still file for IR-1?

You mean if you leave the US?  Your spouse could petition you, yes.

[RamonGomez 271]

On 7/3/2021 at 7:53 AM, 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

Before filing a WOM, submit a service request first with USCIS once you are outside the normal processing times. While they often go nowhere, the one service request we submitted did work for us. Unfortunately your date cutoff is still a year away.

 

Your application went into the interview queue when the RFE was processed. Unfortunately, that's right when Covid hit full blast. Miami was already one of the busier offices pre-Covid, and Covid probably delayed your interview by another 6-8 months. 

 

My guess is you'll get the interview date very soon. Good luck

Edited July 5, 2021 by RamonGomez

[Gomast 65]

7 minutes ago, RamonGomez said:

Before filing a WOM, submit a service request first with USCIS once you are outside the normal processing times. While they often go nowhere, the one service request we submitted did work for us. Unfortunately your date cutoff is still a year away.

 

Your application went into the interview queue when the RFE was processed. Unfortunately, that's right when Covid hit full blast. Miami was already one of the busier offices pre-Covid, and Covid probably delayed your interview by another 6-8 months. 

 

My guess is you'll get the interview date very soon. Good luck

Thank you Ramon. I’ll wait another 12 months to submit a service request if I don’t receive my interview date by then. I appreciate it!