Writ of Mandamus for IR1 Spouse Case

[American Autumn 4]

Hello, 

 

I filed a writ of mandamus lawsuit for an IR1 spouse case for waiting too long to have an interview scheduled at the US embassy. Our DQ documentairly qualified date is October 2020 two years ago. We got married in June 2018. We filed the writ of mandamus seven months ago and the case is now with the judge to decide the verdict. So my question is what will happen once the Judge decides the verdict if he decides in my favor and I win the lawsuit how long after that until the US embassy and NVC schedules the interview?? Thank you all in advance for reading and answering my question! 

[SteveInBostonI130 3,434]

Typically the response needs to be within 60 days.

 

I would assume this would mean scheduling the interview within the 60 days or sending a response to the court why they cannot schedule the interview.  

 

I will defer to others with more knowledge of WoM.

 

Edit: Out of curiosity, what embassy?

Edited May 25, 2022 by SteveInBostonI130

[American Autumn 4]

Thank you for your response! All I’m trying to figure out is what happens once the Judge signs the docket. Does the US embassy and NVC typically schedule the interview a few weeks after?

[Boiler 45,482]

Very much depends if they fight it, in the majority of cases it is just pulled out from the heap and processed 

 

Have not heard of one taking that long, my understanding is that your Lawyer would have put a date on it requiring action 3 months being the norm.

 

I would ask the Lawyer what is going on

[American Autumn 4]

All my lawyer said was that it can take up from anywhere of a month to a year but every single person I talked to that went through a writ of mandamus told me that they usually decide a verdict in 30 days but what’s happens after it is signed is what I would like to know 

[Boiler 45,482]

Most never get to a judge

 

If they do well first the judge has to agree

 

Who did you sue? Presumably it is at NVC

 

i assume whoever you sued is fighting it, so on what basis would be relevantly 

[American Autumn 4]

Unfortunately mine did get to the courts. I hope the judge will agree in my favor. I sued the NVC and US embassy for not scheduling my spouses interview. They did fight it and they tried to get it dismissed by lawyer put up a heck of a fight and now we’re just waiting to see if the court will approve my case or dismiss it but I have a very strong feeling that it’ll be approved. I’m just trying to figure out… what will happen once the courts approve my case how long until they schedule my spouse their interview 

[Crazy Cat 41,844]

3 minutes ago, American Autumn said:

I sued the NVC and US embassy for not scheduling my spouses interview

I' curious. On what grounds did you sue since all DQ'd cases enter a queue and wait until they reach the front?  There is also the possibility of an extended administrative processing period after the interview.

Edited May 25, 2022 by Crazy Cat

[American Autumn 4]

On what grounds? On the grounds that my priority date is July 2018. I’m an American citizen. My Spouses DQ date is October 2020 and other people with DQ dates after ours by even a year already had their interviews scheduled and visas granted while we’re still at the NVC. On those grounds my friend. So do you know what happens after the courts approve my case how long after it is signed until the US embassy schedules the interview? You seem to know your stuff you have good ratings on here 

[Boiler 45,482]

You certainly have waited long enough, I was wondering on my what grounds they fought it.

 

I would imagine.they will agree to process it, forward it to the Consulate to be scheduled for interview

[American Autumn 4]

God bless your heart I hope so too that they will approve it and schedule the interview and process it to the consulate in just trying to get a time frame of how long it takes after the judge approves the case 

[Crazy Cat 41,844]

19 minutes ago, American Autumn said:

On what grounds? On the grounds that my priority date is July 2018. I’m an American citizen. My Spouses DQ date is October 2020 and other people with DQ dates after ours by even a year already had their interviews scheduled and visas granted while we’re still at the NVC. On those grounds my friend. So do you know what happens after the courts approve my case how long after it is signed until the US embassy schedules the interview? You seem to know your stuff you have good ratings on here 

No, I don't know...Thanks for the info...I am no expert.  I just read and try to learn.....Please let us know when the decision is made.  

Edited May 25, 2022 by Crazy Cat

[Boiler 45,482]

Timeline you would need to ask your Lawyer, lots of variables and he would know how the Court rule in your circumstances.

[Devarj 45]

Best wishes. Never fails to amaze me how screwed up our immigration system functions. I can imagine your frustration!

[dwheels76 5,468]

17 hours ago, American Autumn said:

God bless your heart I hope so too that they will approve it and schedule the interview and process it to the consulate in just trying to get a time frame of how long it takes after the judge approves the case 

This is new territory for us all. I know of many WOM done but for long AP and denials. You are the first I have seen actually filed to get an interview. I am surprised it's taking so long but that's because they are fighting you. Normally the body of government you are suing just gives in and within 60 days things move.

You are in court in the hands of the legal system which now there is no time line so no way to advise when and how. Sorry.

 

wishing you the best.