Mandamus Lawsuits Against Consulates for scheduling interview appointment delay

[fiancee4ever 2]

We received the NOA2 and the Instruction Packet for interview on March, 2020. I could not schedule the appointment until Dec, 2020, however I have to cancel because I was stuck in the US on B2 visa and my home country (Vietnam) closed it border even to itself citizens. Since Oct, 2021, I have been checking the scheduling site almost every days with no luck.

My fiance has contacted a lawyer in the US and he suggested to make a Mandamus Lawsuit against the State Department for substantial processing delays.

My question: Anybody has been using the mandamus lawsuit to solve the problem? what's the result?

Do you feel that my case has a high possibility to win the lawsuit or at least to have a acceptable settlement? Because I am aware that there is no further action need on their end rather than opening interview appointment slots on the related site.

The lawsuit cost is not cheap at all. Really appreciate your advice.

 

[slavaskii 886]

Sounds eerily similar to what the Russian applicants filed in Milligan v. Pompeo (see case background here). Have you contacted the embassy in Vietnam, is it even possible to do so? Be aware that mandamus lawsuits take a long time to process and, as you said, are quite expensive (hence why Milligan involved many petitioners). Perhaps a 'simpler' solution would be to see if any other embassy will take your application? Also be sure to check to Vietnam subforum on VJ. Good luck.

[Boiler 45,928]

WoM could be filed, your problem is that this is a K1. 

[fiancee4ever 2]

36 minutes ago, slavaskii said:

Sounds eerily similar to what the Russian applicants filed in Milligan v. Pompeo (see case background here). Have you contacted the embassy in Vietnam, is it even possible to do so? Be aware that mandamus lawsuits take a long time to process and, as you said, are quite expensive (hence why Milligan involved many petitioners). Perhaps a 'simpler' solution would be to see if any other embassy will take your application? Also be sure to check to Vietnam subforum on VJ. Good luck.

I have contacted VN embassy many times through a form on their website. Later, they did not read my email, just the title of the subject and repeat the same answer that "If there are currently no appointment slots available, please go back to the scheduling system at a later time". They don't answer any other specific questions of my case.

While the non-immigration visa has estimated wait time, other immigration visa has final action date, spousal visa has been prioritized during covid-19 lockdown, what is about K1 visa.

There is no estimation of wait time. They treat it as strictly as immigration visa but they won't assign the interview date like spousal visa. This is ok in normal condition but with the huge backlog, they need to treat it just like spousal visa.

[Boiler 45,928]

Unusual for a K1 to make much sense, you have added 2 reasons to the list

[Crazy Cat 42,044]

1 hour ago, fiancee4ever said:

I have contacted VN embassy many times through a form on their website. Later, they did not read my email, just the title of the subject and repeat the same answer that "If there are currently no appointment slots available, please go back to the scheduling system at a later time". They don't answer any other specific questions of my case.

While the non-immigration visa has estimated wait time, other immigration visa has final action date, spousal visa has been prioritized during covid-19 lockdown, what is about K1 visa.

There is no estimation of wait time. They treat it as strictly as immigration visa but they won't assign the interview date like spousal visa. This is ok in normal condition but with the huge backlog, they need to treat it just like spousal visa.

Aren't other people getting interviews?  Maybe you should talk to them.

[Lemonslice 4,947]

Are you still in the USA?

[fiancee4ever 2]

31 minutes ago, Lemonslice said:

Are you still in the USA?

I left the USA. I am in Vietnam right now.

[fiancee4ever 2]

2 hours ago, Crazy Cat said:

Aren't other people getting interviews?  Maybe you should talk to them.

I only can email them via a form. Will they communicate the Visa matter thru phone call? I think they make it clear that they won't.

[powerpuff 6,747]

Just now, fiancee4ever said:

I only can email them via a form. Will they communicate the Visa matter thru phone call? I think they make it clear that they won't.

He meant talk to people who have had interviews at Vietnam consulate.

[Boiler 45,928]

I do not know about Vietnam specifically but seems common practice to use the contact form.

 

What question do you have other than needing an interview spot?

[fiancee4ever 2]

1 minute ago, Boiler said:

I do not know about Vietnam specifically but seems common practice to use the contact form.

 

What question do you have other than needing an interview spot?

I want to know if I really missed chances to get a appointment spot or the system prevented me to see it by some reasons or they have not opened any K1 visa appointment since November (this is unlikely because there were 87 K1 granted in Dec 2021, I don't think all of them are expedited).

 

[Crazy Cat 42,044]

Just now, fiancee4ever said:

I want to know if I really missed chances to get a appointment spot or the system prevented me to see it by some reasons or they have not opened any K1 visa appointment since November (this is unlikely because there were 87 K1 granted in Dec 2021, I don't think all of them are expedited).

 

I think it is likely that there have been no appoint slots available.  Interview spots are usually in high demand.  But the contact form is appropriate to ask the consulate.  I, personally, don't recall very many who have been successful calling consulates.    Good luck.  

[SalishSea 18,074]

6 hours ago, fiancee4ever said:

they need to treat it just like spousal visa.

The problem is that it's not, so they don't.   'Fiance' is not a legal role/term.

[Crazy Cat 42,044]

6 hours ago, fiancee4ever said:

This is ok in normal condition but with the huge backlog, they need to treat it just like spousal visa.

Impossible.  Besides,  that would simply create a backlog at NVC for K-1s.......As it stands, K-1s are already expedited through NVC.

Edited March 10, 2022 by Crazy Cat