Mandamus Lawsuits Against Consulates for scheduling interview appointment delay

[Cathi 5,748]

6 hours ago, fiancee4ever said:

they need to treat it just like spousal visa.

They don't need to treat a K-1 the same because it literally isn't. Legally a spouse is A LOT different than a fiancé. 

[JeanneAdil 6,505]

WOM doesn't guarantee a visa

[SteveInBostonI130 3,451]

11 hours ago, fiancee4ever said:

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.

 

 

There is a recent problem with WoM with K1.  K1 petitions normally expire 4 months after approval.  NVC and the embassies have been extending them automatically.  People who have filed WoM when their K1's were stuck at NVC during the pandemic resulted in NVC denying the petitions based on expiry and sending them back to USCIS and filing a motion to dismiss (because the petition is no longer relevant to their department).  Trying to force the embassy to act by a legal filing may lead them to respond by sending the petition back to USCIS because technically the petition has expired.

 

https://youtu.be/cvx8tZ7MaN8?t=708

 

[Boiler 45,516]

It does appear that the issue is not no appointments but not enough and they go before the OP can find them.

[Marieke H 2,506]

14 hours ago, fiancee4ever said:

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.

I know it is too late for this now, but you could have filed for Adjustment of Status while you were in the US in 2020.

 

A writ of mandamus can only force the consulate to make a decision on your case, and if you are unable to schedule an interview the only decision they can make is to deny the visa. So that does not seem like the best course of action in your case.

 

There are other posts from people having issues scheduling interviews in Vietnam. I think all you can do for now is to try daily, at different times of the day, to schedule an appointment. There probably is a huge backlog of people wanting to schedule their interviews, so you just have to keep trying.

[iwannaplay54 985]

16 hours ago, fiancee4ever said:

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.

 

So if you got an appointment that lawsuit likely isn’t going anywhere.  Too late but you should have married and adjusted status when your status changed to “stuck in the US”.

 

Is it also possible your K1 has been returned to USCIS?  It is long expired.

Edited March 11, 2022 by iwannaplay54

[igoyougoduke 1,656]

18 hours ago, fiancee4ever said:

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.

 

what is the purpose of the WOM ? to get an appointment or for consulate to open . i dont think mandamus is useful to get an appointment. 

[janet3 1,170]

19 hours ago, fiancee4ever said:

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.

 

You wanted to reschedule an interview because you were "stuck" in the US and you want to file a WoM on an interview that did not happen? That is actually impossible.

And let me just tell you....that site that schedules appointments is a nightmare (it's the same site for Vietnam and Algeria). You just have to keep looking.

[SalishSea 17,829]

2 hours ago, igoyougoduke said:

what is the purpose of the WOM ? to get an appointment or for consulate to open . i dont think mandamus is useful to get an appointment. 

Exactly.  It has nothing to do with appointments.

 

They won't adjudicate an application without an interview anyway.  And really, no one would want them to.....because it would be swiftly denied.

[fiancee4ever 2]

On 3/11/2022 at 12:55 AM, Jorgedig said:

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

So, why they require K1 applicant to prepare documents and petition conditions are as strict as other non-immigration Visa?

 

 

[fiancee4ever 2]

On 3/11/2022 at 1:06 AM, Cathi said:

They don't need to treat a K-1 the same because it literally isn't. Legally a spouse is A LOT different than a fiancé. 

They way  and documents they make K1 petitioner prepare tells us that they treat them the same in the process except the step to get interview. It is not so important in normal but in this post-pandemic.

[Dashinka 24,498]

2 hours ago, fiancee4ever said:

So, why they require K1 applicant to prepare documents and petition conditions are as strict as other non-immigration Visa?

 

 

Because the K1 is a dual intent visa allowing one to adjust status and eventually naturalize in a relatively short period of time.  Technically the K1 is a non-immigrant visa, but from a consulate processing standpoint they treat it as an immigrant visa even though the person applying for the visa is not at this point an immediate relative of the USC petitioner.  Very few countries have this type of visa (a fiancé visa).

[nykolos 711]

On 3/9/2022 at 11:58 PM, fiancee4ever said:

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.

You know a lawyer is a crook when he suggests filing a Mandamus Lawsuit, it's nothing but a money grab, preying on the vulnerable.... Be a little more patient, the embassies have really stepped up processing for K1's, your's will come,