Cases stuck at the NVC/ Lawsuit

[Pablo J. 1]

I placed a writ mandamus 45 days ago on a pending I-829 still waiting.

Edited September 26, 2021 by Pablo J.

[dangime 12]

For those quoting my thread, I haven't been shown anything substantial that cases are getting sent back to USCIS to die if you "win" a WoM. If you have documented cases like that, please post them. 

 

I have heard negative things in regards to the state arguing that 1-2 years isn't an unreasonable delay...and just putting you back in line. I mean I guess there are some odd family visas from terrorist infested countries where the agencies involved drag their heels for years, but it doesn't make it "reasonable" when in most cases what we're talking about is obvious K1s from the Philippines. My case is still in limbo, no updates for over two months. 

 

Personally, I find the whole situation of abandoning your post as a government official over the cerveza sickness worthy of being mocked. If you disagree that's fine. I've worked full time with the public since the outbreak, so no reason the government can't either. These are unique days, and nature abhors a vacuum. 

Edited September 27, 2021 by dangime

[JaylaJade 1]

Hello, I’m having the same issue. We were approved in May 2021 and they said they would send my approval to the NVC. I don’t know much about this process so I’m not sure what to do either. The 120 given are definitely up bu now but I have yet to hear from anyone. Can anyone please help me our on what I should do? Thanks in advance. 

[Adventine 3,189]

8 minutes ago, JaylaJade said:

Hello, I’m having the same issue. We were approved in May 2021 and they said they would send my approval to the NVC. I don’t know much about this process so I’m not sure what to do either. The 120 given are definitely up bu now but I have yet to hear from anyone. Can anyone please help me our on what I should do? Thanks in advance. 

 

Keep reading the threads here and learn more about the process. Then you can make an informed decision about your next steps: continue with the K1, start over with the spousal, etc. No one knows the specifics of your case as well as you do.

[John & Rose 7,239]

Mandamus has already been thrown out by the courts. 

[JaylaJade 1]

8 minutes ago, John & Rose said:

Mandamus has already been thrown out by the courts. 

8 minutes ago, John & Rose said:

Mandamus has already been thrown out by the courts. 

Not sure what this means can you please explain? Thank you 

 

[John & Rose 7,239]

Last week the federal courts through out Ramirez and another mandamus suit stating that the embassy is required to follow local protocols so there is no merit to the suits. The US does not make policy decisions for local foreign governments.  I will find a link. 

Edited September 27, 2021 by John & Rose

[attaboyshort 12]

5 hours ago, SteveInBostonI130 said:

Again, not retaliation mode.  Their first legal action, according to you, was a motion to dismiss the case.  If that is still ongoing, then I suggest you tell your lawyers to not contest that motion.  That will let your petition stay the course, waiting at NVC until the embassy is ready to process more K1 cases.

 

If you tell your lawyer to fight the motion to dismiss, and you succeed, then you force the NVC to "act" on your case.  The first action they can take is send the petition to the embassy.  But if the embassy will not allow that (which they won't because they are backlogged), then the only other action NVC can take is to acknowledge that the petition is expired and send it back to USCIS.

 

And all is this causing more delays.  The State department budget that could be used perhaps to process more cases is now being diverted to lawyers and court fees to fight the WoM.  And, they are actually fighting for your benefit by asking for dismissal.

I’m to far along in my case to back pedal, and I do not agree WOM are causing more delays. The government being slow and not staffing people, or attacking the work load is the real reason for delays. Covid? What about the vaccines and what about returning to normal in the work force? I go to work everyday, we work more now than ever.  Do you know in July alone the US embassy in Manila only issued 149 K-1 visa’s, with a back log of over half a million at the NVC? They have no dedication to a back log that is looking like years and years to clear. The defense ( Government ) is not doing me a favor trying to dismiss my case. They want the judge to ok a 5 year waiting plan. That’s insane! The government needs to start doing their jobs. Any of you ever pay for a service in your life or pay somebody for a resolution, and it not be full filed? Or you have to wait unGodly amount of time for the outcome to get what you need done. It effects people’s lives and quality of life. Nobody seems to want to argue that now do they? Also the courts are making a lot of money right now, $400 in court filing fees, I’m sure they are enjoying all the cases coming through financial wise. 

[attaboyshort 12]

1 hour ago, JaylaJade said:

Hello, I’m having the same issue. We were approved in May 2021 and they said they would send my approval to the NVC. I don’t know much about this process so I’m not sure what to do either. The 120 given are definitely up bu now but I have yet to hear from anyone. Can anyone please help me our on what I should do? Thanks in advance. 

Wait 5 years! 

[SteveInBostonI130 3,350]

 

31 minutes ago, attaboyshort said:

I’m to far along in my case to back pedal

 

I do not understand this.  There has been verified reports that pursuing your WoM will more than likely result in expiration of your K1 petition.  When given that information, I would think the best option is to stop pursuing the WoM lawsuit.

 

Please let us know how it goes.   It will be very helpful to the community to know the results.

 

[attaboyshort 12]

Just now, SteveInBostonI130 said:

 

 

I do not understand this.  There has been verified reports that pursuing your WoM will more than likely result in expiration of your K1 petition.  When given that information, I would think the best option is to stop pursuing the WoM lawsuit.

 

Please let us know how it goes.   It will be very helpful to the community to know the results.

 

I know, but the judge is gonna be making a decision. Like I said earlier maybe I really messed up.

[Just Paul 4,594]

18 hours ago, attaboyshort said:

I know, but the judge is gonna be making a decision. Like I said earlier maybe I really messed up.

Yes unfortunately winning WoM will often result in the unintended results of forcing the NVC to act where one option (sending to the consulate) isn'tavailable so they have to return it to USCIS.. 

[nykolos 711]

On 9/26/2021 at 6:18 PM, John & Rose said:

Last week the federal courts through out Ramirez and another mandamus suit stating that the embassy is required to follow local protocols so there is no merit to the suits. The US does not make policy decisions for local foreign governments.  I will find a link. 

I predicted before the lawsuit was filed that it would be thrown out, and I got a lot of push back by those who paid... I'll say it again, it was nothing but a money grab by Immigration lawyers who saw an opportunity, taking advantage of desperate petitioners who would do anything to get their Fiance's here,  all in a effort to enrich themselves  $$$.$$$

 

 

[attaboyshort 12]

I agree. Lawyers are making a lot of money right now because of the pandemic, probably more than ever.

[John & Rose 7,239]

32 minutes ago, nykolos said:

I predicted before the lawsuit was filed that it would be thrown out, and I got a lot of push back by those who paid... I'll say it again, it was nothing but a money grab by Immigration lawyers who saw an opportunity, taking advantage of desperate petitioners who would do anything to get their Fiance's here,  all in a effort to enrich themselves  $$$.$$$

 

 

I agree 100%. The only real winners are the lawyers and their new boats. 

Edited September 29, 2021 by John & Rose