Cases stuck at the NVC/ Lawsuit

[attaboyshort 12]

So I guess no one has had success with a lawsuit?!

[SteveInBostonI130 3,350]

25 minutes ago, attaboyshort said:

I’m going through the lawsuit in the Philippines, and yes they said the same thing in the motion to dismiss about the 2-5 years not being out of the norm, which we countered with Hardship and that any delay over 180 days is unreasonable. My big worry is that if I do win, they say my petition is expired, which to be honest is a bunch of BS, because they are the reason for the delay in the first place. 

 

If you win your WoM case, then that means the NVC will have to act on your petition.  A WoM is just an order for them to take action.  Normally they are holding it until the embassy tells them to send it over, even after the petitions have expired after 4 months (sort of automatic exception).  But because of the WoM, they cannot just hold it.  One option is to send it to the embassy.  But if the embassy has no openings in their schedule, NVC cannot send it.  The other option is to not make an exception for the petition expiration and send it back to USCIS and let it die (be archived for records).  It seems that the latter is what the NVC is doing if their hands are forced by WoM judgements.

 

Pre-covid it could be argued that it is against normal expectations that K1's are held at NVC for over 180 days.  But due to the pandemic and the backlog, the new normal is 180 days+.

[attaboyshort 12]

4 minutes ago, SteveInBostonI130 said:

 

If you win your WoM case, then that means the NVC will have to act on your petition.  A WoM is just an order for them to take action.  Normally they are holding it until the embassy tells them to send it over, even after the petitions have expired after 4 months (sort of automatic exception).  But because of the WoM, they cannot just hold it.  One option is to send it to the embassy.  But if the embassy has no openings in their schedule, NVC cannot send it.  The other option is to not make an exception for the petition expiration and send it back to USCIS and let it die (be archived for records).  It seems that the latter is what the NVC is doing if their hands are forced by WoM judgements.

 

Pre-covid it could be argued that it is against normal expectations that K1's are held at NVC for over 180 days.  But due to the pandemic and the backlog, the new normal is 180 days+.

Ok thank you for all the replies, it appears the government wants to retaliate by keeping our $ and wasting time in our lives. Funny thing is, people that have been approved in 2021, and do not file a lawsuit, will be waiting most likely 2 years for an interview. 

[SteveInBostonI130 3,350]

2 minutes ago, attaboyshort said:

Ok thank you for all the replies, it appears the government wants to retaliate by keeping our $ and wasting time in our lives. Funny thing is, people that have been approved in 2021, and do not file a lawsuit, will be waiting most likely 2 years for an interview. 

They are not retaliating.  They are doing the best they can with the personnel shortages and the embassy closures.   The solution is either more funding for personnell or make the process more efficient somehow (I have some ideas - like review by exception, etc.).  Or have congress change the immigration laws.  Easy Peasy (why is there no sarcasm face?)

[attaboyshort 12]

2 minutes ago, SteveInBostonI130 said:

They are not retaliating.  They are doing the best they can with the personnel shortages and the embassy closures.   The solution is either more funding for personnell or make the process more efficient somehow (I have some ideas - like review by exception, etc.).  Or have congress change the immigration laws.  Easy Peasy (why is there no sarcasm face?)

Like I said I will update here in a month or so. I wish I found this forum before I filed a lawsuit. Maybe I wouldn’t have filed one. I guess worst case scenario is I go get married in the Philippines and apply for a CR-1 spousal Visa. What a joke all of this is. I have a friend pre covid who got his fiancé here within 11 months with a K-1 visa. Must be nice. 

[nastra30 2,228]

Honestly, suing NVC is tricky in this instance. Because NVC is indirectly not the agency holding up your case but rather the USEM. NVC will promptly send the case to the Embassy if the embassy opens up interview slots and notifies NVC. NVC is just a pass through for K-1s. 

Due to all the problems caused by the pandemic, the USEM automatically extends the expiration of K1s stuck so if the WoM forces NVC's hand, they'll just expire it and return it to USCIS.

Edited September 25, 2021 by nastra30

[carmel34 3,576]

Hiring an attorney to file a lawsuit won't overcome the pandemic backlog.  That's just the reality of the situation today.  It's taking forever with all of the embassy/consulate restrictions or closures and the long queue.  

[Carpe Vinum 2,327]

7 hours ago, SteveInBostonI130 said:

They are not retaliating.  They are doing the best they can with the personnel shortages and the embassy closures.   The solution is either more funding for personnell or make the process more efficient somehow (I have some ideas - like review by exception, etc.).  Or have congress change the immigration laws.  Easy Peasy (why is there no sarcasm face?)

This^. The system is set up for optimum conditions. Throw in the plague wrench and it creates huge backlogs in the process. As I have said before I work for a federal agency with a similar workflow. My job would be comparable to a senior consular officer that reviews/approves the cases/interviews of other consular officers when they are complete. We have a lot of our cases that are trapped at the equivalent of the NVC so they just trickle through to us. That will change but we are only staffed for optimal conditions so even when things return to normal it will take time to work through that backlog. The same is happening with the K-1 process. Is it fair? Maybe not but it is the reality of the situation.

[Crazy Cat 41,184]

8 hours ago, attaboyshort said:

Ok thank you for all the replies, it appears the government wants to retaliate by keeping our $ and wasting time in our lives. Funny thing is, people that have been approved in 2021, and do not file a lawsuit, will be waiting most likely 2 years for an interview. 

You must realize that the huge backlog of cases will take years to resolve.  The government is not retaliating for anything.  

[attaboyshort 12]

3 hours ago, nastra30 said:

Honestly, suing NVC is tricky in this instance. Because NVC is indirectly not the agency holding up your case but rather the USEM. NVC will promptly send the case to the Embassy if the embassy opens up interview slots and notifies NVC. NVC is just a pass through for K-1s. 

Due to all the problems caused by the pandemic, the USEM automatically extends the expiration of K1s stuck so if the WoM forces NVC's hand, they'll just expire it and return it to USCIS.

This is what i am quickly finding out.

[Adventine 3,189]

9 hours ago, attaboyshort said:

Like I said I will update here in a month or so. I wish I found this forum before I filed a lawsuit. Maybe I wouldn’t have filed one. I guess worst case scenario is I go get married in the Philippines and apply for a CR-1 spousal Visa. What a joke all of this is. I have a friend pre covid who got his fiancé here within 11 months with a K-1 visa. Must be nice. 

 

Consider a Utah Zoom wedding which will allow you to get married while you are physically separated, give you a marriage certificate which the Philippine Embassy will accept for issuing you a 9A visa, which will then allow you to visit your wife in the Philippines and file a US spousal visa application. Details are in the Philippines subforum.

[attaboyshort 12]

Just now, Adventine said:

 

Consider a Utah Zoom wedding which will allow you to get married while you are physically separated, give you a marriage certificate which the Philippine Embassy will accept for issuing you a 9A visa, which will then allow you to visit your wife in the Philippines and file a US spousal visa application. Details are in the Philippines subforum.

Will need a link, I am having a hard time navigating the forum and very new here. 

[Adventine 3,189]

Philippines regional forum: https://www.visajourney.com/forums/forum/129-philippines/

 

Utah Zoom wedding thread:

 

Report of Marriage (ROM) process after the Utah Zoom wedding:

 

 

[JeanneAdil 6,399]

curious to know which of the 2 types of writs did your attorney file?

the "alternative "   just would allow the agency to show the judge why it does not have to obey  

 

and in this case "the reason would be covid, 

 based on local conditions and restrictions, but include local and national lockdowns; travel restrictions; host country quarantine regulations; and measures taken by our embassies and consulates to contain the spread of COVID-19.  

[attaboyshort 12]

Not exactly quite sure, just the standard writ of mandamus. But from what I’m reading here, looks like I’ll either lose due to covid, or I will get my visa sent back to the USCIS where I have to start all over. Which is absolutely insane because the delay has caused an expiration not me. This is also a new tactic that the NVC is using. Not the normal proceedings according to the lawyer. It is a way of taking $ and not doing their job. That’s the bottom line. A lot of people a very frustrated as all Embassies take their times to resume and blame covid. Imagine waiting years to be married to someone just because they live in another country. This is Messing with peoples lives. Facts are facts.