Mandamus Lawsuit Against NVC, Lawyer Wants to Withdraw

[dangime 12]

Hello all, 

Brief outline of my K-1 petition.

 

NOA1 - Jan 2020

NOA2 -  Sept 2020

Stuck at NVC Since

Filed Mandamus Lawsuit Jan 2021

 

So, yesterday in a classic bad news drop move, Friday evening around 5pm one of my lawyers assistants emailed me suggesting we withdraw our mandamus lawsuit, saying a couple of other similar cases have lost, and they want to withdraw and refile in another jurisdiction. 

 

My initial response was changing venues wouldn't change the case law, and it smelled like a delaying tactic, to just keep me in a holding pattern for another 6 months, which by then the backlog is being reduced. 

 

I responded with the need was to challenge the core issue, which is has the state departments actions in the face of COVID-19 been reasonable? If we compare them to other industries, who managed with social distancing, masks, and remote work, are the state department's actions reasonable? 

 

I don't see how changing venues is going to help me, other than to play pure politics with it and see if a red state will rule along these lines, but this is my own idea, and my lawyer won't explain it to me, at least not on the weekend. 

 

Any opinions either way? I told my lawyer he gets paid to fight, win or lose, but not to run. Am I the @sshole? 

Edited July 31, 2021 by dangime

[Crazy Cat 42,033]

The venue does matter for some federal cases. I am no expert, but  I think the attorney is correct.  You just might trigger a decision you don't want if you force their hand by the WOM. 

Edited July 31, 2021 by Lucky Cat

[Boiler 45,900]

I understand they are letting K1's expire rather than auto re validating them so that could be why.

 

I forget  where NVC is but normally you would file in that Federal court.

[dangime 12]

10 minutes ago, Lucky Cat said:

The venue does matter for some federal cases. I am no expert, but  I think the attorney is correct.  You just might trigger a decision you don't want if you force their hand by the WOM. 

I mean, I get how venue can mean something if you're literally in the wrong jurisdiction, but that's not the case. 

 

We've literally gone from "I've never lost a case like this." to "Voluntarily withdraw" with no explanation why, so naturally I'm suspicious. 

[dangime 12]

12 minutes ago, Boiler said:

I understand they are letting K1's expire rather than auto re validating them so that could be why.

 

I forget  where NVC is but normally you would file in that Federal court.

Haven't heard anything related to this? What do you mean? The 1 year without contact at the NVC? The 2 years since meeting? What would "expire"?

 

It was filed in the District of Columbia, so Washington DC. 

[Boiler 45,900]

The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is completed. Seems can is the important bit here.

 

NVC is in New Hampshire so perhaps that is what they were talking about.

 

Filing a K1 WoM seems a bit of a waste of time from what I can gather, another reason to go the marriage route.

[dangime 12]

2 minutes ago, Boiler said:

The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is completed. Seems can is the important bit here.

 

NVC is in New Hampshire so perhaps that is what they were talking about.

 

Filing a K1 WoM seems a bit of a waste of time from what I can gather, another reason to go the marriage route.

Oh yes, I was aware of this. Sounds like a great way to anger tens of thousands of people who did nothing wrong, but okay. 

 

If I had a time machine I'd take your advice on the marriage route. At the time it was requiring 10 business days, so 14 regular days, and didn't have that kind of time off. 

[Deagle 508]

Watch the video below for a quick update regarding K1 visas and WoM for K1 delays - start at minute 11:00

 

https://youtu.be/cvx8tZ7MaN8

Edited July 31, 2021 by Deagle

[Boiler 45,900]

1 minute ago, Deagle said:

Watch the video below for a quick update regarding K1 visas - start at minute 11:00

 

https://youtu.be/cvx8tZ7MaN8

 

[Crazy Cat 42,033]

After watching, it Seems that the attorney is, indeed, concerned with the expiration of K-1 cases.......they send them back and they die.  That has always been a disadvantage of a K-1.  He makes a great case for spousal visas.

Wow!!!  He recommended that all his clients withdraw the K-1 and get married....at this stage....wow!!

Edited July 31, 2021 by Lucky Cat

[Adventine 3,201]

30 minutes ago, Lucky Cat said:

After watching, it Seems that the attorney is, indeed, concerned with the expiration of K-1 cases.......they send them back and they die.  That has always been a disadvantage of a K-1.  He makes a great case for spousal visas.

Wow!!!  He recommended that all his clients withdraw the K-1 and get married....at this stage....wow!!

 

I watched the video. Wow. This is a stunning admission by the lawyer. Here's a short transcript but I highly recommend everyone watch the video.

 

QUOTE

"these lawsuits always worked [...] fiance visa petitions have an end date. Throughout all the time I have been an immigration lawyer, they have always extended that deadline. So we have these cases where in the old days people would have a delay in their cases [...] caused by the State Department. And now, for whatever reason and I don't know why and I don't understand, they have decided to start treating those as truly expired and not giving any extensions."

END QUOTE

 

This news goes against the the advice I've seen repeatedly on VJ, that consulates would automatically renew the validity of K1 cases that expired at NVC.

 

@dangime in case your case does not go favorably, have you considered a Utah Zoom wedding instead, or physically meeting up in Costa Rica to marry? Search the VJ forums for details.

Edited July 31, 2021 by Adventine
Edited quoted info from video. My transcription wasn't completely accurate.

[Crazy Cat 42,033]

1 minute ago, Adventine said:

 

I watched the video. Wow. This is a stunning admission by the lawyer. Here's a short transcript but I highly recommend everyone watch the video.

 

QUOTE

"these lawsuits always worked [...] fiance visa petitions have an end date. Throughout all the time I have been an immigration lawyer, they have always extended that deadline. So we have these cases where in the old days people would have a delay in their cases caused by the State Department. And now, for whatever reason and I don't know why and I don't understand, they have decided to start treating those as truly expired and not giving any extensions."

END QUOTE

 

This news goes against the the advice I've seen repeatedly on VJ, that consulates would automatically renew the validity of K1 cases that expired at NVC.

 

@dangime in case your case does not go favorably, have you considered a Utah Zoom wedding instead, or physically meeting up in Costa Rica to marry? Search the VJ forums for details.

You nailed it!!!!  

[Adventine 3,201]

45 minutes ago, Boiler said:

 

 

It was heartbreaking to see the reaction of the guy named Bruce (a K1 petitioner). But this is valuable advice for any K1 filer right now.

[dangime 12]

This is shocking news if true that Biden's plan to clear the backlog is to just cancel all the K-1 visas and not renew them! Any other sources confirming or denying this would be appreciated. 

Edited July 31, 2021 by dangime

[Deagle 508]

2 minutes ago, dangime said:

This is shocking news if true that Biden's plan to clear the backlog is to just cancel all the K-1 visas and not renew them! Any other sources confirming or denying this would be appreciated. 

Maybe what your lawyer is saying is the other source.