Cases stuck at the NVC/ Lawsuit

[PatLuvO 284]

12 hours ago, attaboyshort said:

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

The larger K1 lawsuits with many plaintiffs have had success but individual WOMs haven't had luck. The state department lawyer will reply that the plaintiff hasn't waited long enough. They won't expire your approved petition you will still have to wait. 

[mari04 100]

11 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. 

In 2019 I had K1 visa in hand in 4 months after I129f was mailed to USCIS. The year before it took people a year. Timelines change all the time, especially in COVID. 

[SalishSea 17,841]

2 hours ago, attaboyshort said:

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.

Don't blame "the system" for the pandemic or your lack of research about the immigration process.

 

You don't have a 'visa' to get sent back to the USCIS, you have a petition.  Learn the semantics, they're important.

 

When we choose relationships with people in other countries, it is fraught with special challenges that we wouldn't have in a relationship with someone local.  Again, it's a choice.  Pre-covid there were delays (often inexplicable), periods of very fast processing, inherent drawbacks to the K-1, and hiccups along the way.  Often, these can be avoided by educating yourself about the process, doing the reading and research, and owning your own process.  No lawyer, regardless of how much you pay them, cares about your process as much as you do.

 

Acting like a victim won't get you very far on VJ, nor will it solve your current situation, some of which you had control over, some of which you did not.

[Calicolom 266]

16 hours ago, attaboyshort said:

 

well that’s very unfair for a lawyer to take my case if they know this is going on? If this is what happens, then I will be putting them 

on blast on google and YouTube videos. They shouldn’t take a case without asking all the details of the petition, unless of course this is something new that NVC is doing.also if this does happen then I guess I have to start all over?

Lawyers, take cases, knowing full well they can lose a case. They always get payed. Not like normal trades.

[attaboyshort 12]

3 hours ago, JeanneAdil said:

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.  

 

2 hours ago, PatLuvO said:

The larger K1 lawsuits with many plaintiffs have had success but individual WOMs haven't had luck. The state department lawyer will reply that the plaintiff hasn't waited long enough. They won't expire your approved petition you will still have to wait. 

13 minutes ago, Jorgedig said:

Don't blame "the system" for the pandemic or your lack of research about the immigration process.

 

You don't have a 'visa' to get sent back to the USCIS, you have a petition.  Learn the semantics, they're important.

 

When we choose relationships with people in other countries, it is fraught with special challenges that we wouldn't have in a relationship with someone local.  Again, it's a choice.  Pre-covid there were delays (often inexplicable), periods of very fast processing, inherent drawbacks to the K-1, and hiccups along the way.  Often, these can be avoided by educating yourself about the process, doing the reading and research, and owning your own process.  No lawyer, regardless of how much you pay them, cares about your process as much as you do.

 

Acting like a victim won't get you very far on VJ, nor will it solve your current situation, some of which you had control over, some of which you did not.

First of all, I’m not acting like a victim. I’m telling it how it is, second of all I asked if there had been any success with lawsuits at the NVC stage. I got my answers, and I have seem to accepted the outcome from my choices, as well I have been depressed about it. I came here for answers, not somebody to point out my miscues in my post. I have done more research than you know as well as have friend who went through the process. I know you probably feel like you are all high and mighty with a snoody comment ,but have you filed a lawsuit?  Can you actually reply to helping me answer my question? Do you know exactly what I am going through on a daily basis in my life? If you are not here to give some feedback about a lawsuit like the others that have posted, then move on. As far the video from Jim Hacking, looks that was dated July 31st, 2021 and my lawsuit was filed back in June before any lawyer has been coming forward about K-1 visas not going forward with  lawsuits.  I’m not on your post’s  trying to pull my weight around or call you out. I simply came across this forum last night and asked a simple question. I’m new here, and could honestly care less of your opinions about me or how you feel things should of been done. 

Edited September 25, 2021 by attaboyshort

[SalishSea 17,841]

1 minute ago, attaboyshort said:

 

On the contrary, you come across as being victimized and uninformed.  I'm just telling it like it is.

 

And you may want to review the VJ TOS; anyone is free to post on your thread.

[attaboyshort 12]

Just now, Jorgedig said:

On the contrary, you come across as being victimized and uninformed.  I'm just telling it like it is.

 

And you may want to review the VJ TOS; anyone is free to post on your thread.

Again do you have any feedback on a current  Writ of Mandamus? I don’t care who posts, but obviously you have nothing better to do with your Saturday but troll on somebody who is need of some answers. You also have no validation to say the government is not messing with people’s lives. Yeah there’s Covid, I know, I had it. however, that is not an excuse to make people wait years who are qualified to be with their love ones, nor is it a reason to steal peoples petition money because they exercise THEIR right of writ of mandamus. 

[SalishSea 17,841]

10 minutes ago, attaboyshort said:

Again do you have any feedback on a current  Writ of Mandamus?

Yes, it is risky.  There is a lot of anecdotal info on VJ about the risk.  It is unfortunate that you did not do your homework before taking that risk, and now you are angry at the government, and somehow think you're a victim of a conspiracy to "steal money" and "keep people from their loved ones."

 

Anyway, good luck.

[attaboyshort 12]

Lmao! In my next life I want to come back as you, Mr.Perfect. Good luck to you as well. 🙄

[JeanneAdil 6,514]

i did not imply you acted as victim

i asked if u knew which type of writ was filed 

 

was trying to help only

 

There are two different types of writs of mandamus:

• First, Peremptory: There are court orders issued against USCIS, telling them they must act according to their lawful duty.
• Second, Alternative: These are court orders that force USCIS to take a certain action or, alternatively, show the judge why it does not have to obey.

[Coco8 1,042]

I remember a video someone posted a few months ago about a lawyer saying that he was telling his K1 clients to get married and file CR1. 

 

I guess lawsuit, depends on how long it takes. If the lawsuit is going to take months, it's just better to get married and file CR1. The probability that your lawsuit is going to be favorable and your K1 won't expire is very small. 

[JeanneAdil 6,514]

DENVER (CBS4) – In a federal court decision which references Shakespeare, the judge found that the U.S. State Department was wrong to stop processing K-1 visas, or visas for foreign-born fiancés.

 

https://denver.cbslocal.com/2020/11/23/ruling-k-1-visas-lawsuit-us-state-department-federal/

[attaboyshort 12]

21 hours ago, JeanneAdil said:

i did not imply you acted as victim

i asked if u knew which type of writ was filed 

 

was trying to help only

 

There are two different types of writs of mandamus:

• First, Peremptory: There are court orders issued against USCIS, telling them they must act according to their lawful duty.
• Second, Alternative: These are court orders that force USCIS to take a certain action or, alternatively, show the judge why it does not have to obey.

I did not mean to quote you on something that someone else was implying. My lawyer sued everybody involved, FBI, Embassy, USCIS, HOS etc etc. I believe it is a Peremptory Lawsuit.

[attaboyshort 12]

Great news but old news, it appears the NVC is in retaliation mode ( backlog woes) by sending petitions back to the USCIS from what I am watching and reading as of late. Wasting people’s time, money and efforts made to be with loved ones. Although, I have been messaged by many lately with lawsuits and we are keeping each other updated! It’s much more than I expected and happy to have the communication! Thanks 🙏 

[SteveInBostonI130 3,462]

3 hours ago, attaboyshort said:

Great news but old news, it appears the NVC is in retaliation mode ( backlog woes) by sending petitions back to the USCIS from what I am watching and reading as of late. Wasting people’s time, money and efforts made to be with loved ones. Although, I have been messaged by many lately with lawsuits and we are keeping each other updated! It’s much more than I expected and happy to have the communication! Thanks 🙏 

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.