Writ of Mandamus for AOS

[Redro 4,611]

2 minutes ago, Boiler said:

They could say 10 years processing is normal, the Court will look at what is reasonable

 

I seriously doubt they want to try and justify this sort of general delay, if there is a specific reason maybe.

They believe there is fraud involved in this case.

Read OPs previous posts. 

OP has also been on Hacking's youtube to explain the case and it is complicated. I think they are still investigating tbh... 

[Crazy Cat 41,886]

4 minutes ago, Gomast said:

During the WOM process, I learned that lawyers whom I consulted with, were ok with filing the complaint even if only one year had passed from the filing date, and even when the processing times in my field office were 29 months.

Why wouldn't they be.....They get paid....

[Boiler 45,525]

1 minute ago, ROK2USA said:

They believe there is fraud involved in this case.

Read OPs previous posts. 

OP has also been on Hacking's youtube to explain the case and it is complicated. I think they are still investigating tbh... 

I realise the background

 

They can investigate but at some point have to bring matters to a conclusion 

 

Did Hacking file this one?

[Crazy Cat 41,886]

3 minutes ago, ROK2USA said:

They believe there is fraud involved in this case.

Read OPs previous posts. 

OP has also been on Hacking's youtube to explain the case and it is complicated. I think they are still investigating tbh... 

If so, that puts an entirely different perspective on this situation.  Maybe the attorney thought they would rush a favorable decision by filing the WOM. 

[Boiler 45,525]

2 minutes ago, Crazy Cat said:

Why wouldn't they be.....They get paid....

I know Hacking tends to be on the cautious side, I have seen him persuade people to wait.

[Gomast 65]

1 hour ago, ROK2USA said:

They believe there is fraud involved in this case.

Read OPs previous posts. 

OP has also been on Hacking's youtube to explain the case and it is complicated. I think they are still investigating tbh... 

So here is an update regarding my I-131 that was denied due to "misrepresentation or fraud". I received a call from a tier 2 officer who said that because on the I-131 I wrote under class of admission "K-1", rather than AOS spouse, they denied. The officer said that it has no implications and that I can resubmit the I-131 with the correct class of admission.

 

* Edit: I hope that the I-131 example form on VJ will be corrected. I copied the class of admission from that form.

Edited May 26, 2022 by Gomast

[Adventine 3,196]

2 hours ago, Mike E said:

I wonder why the judge thinks USCIS needs 210 days to decide this case. 
 

The good news is you will get (or at least are legally entitled to get) a 10 year green card which is rare for I-485 from K-1.  That’s black mark against the director of the field office. Karma has a way of exacting revenge. 

 

How is it a black mark against the field office director? Do they have some sort of formal KPI for adjudicating I-485 applications in a certain timeframe?  

[Mike E 11,739]

2 hours ago, Adventine said:

 

How is it a black mark against the field office director? Do they have some sort of formal KPI for adjudicating I-485 applications in a certain timeframe?  

Failure to adjudicate a case on a timely basis means that a case that should have received a 2 year green card now gets a 10 year green card.  
 

I’m pretty sure when Congress amended the law that introduced conditional lawful permanent residence it did not intend that sloth at INS would defy the will of Congress aka the People. 
 

 

[SalishSea 17,836]

3 hours ago, Gomast said:

So here is an update regarding my I-131 that was denied due to "misrepresentation or fraud". I received a call from a tier 2 officer who said that because on the I-131 I wrote under class of admission "K-1", rather than AOS spouse, they denied. The officer said that it has no implications and that I can resubmit the I-131 with the correct class of admission.

 

* Edit: I hope that the I-131 example form on VJ will be corrected. I copied the class of admission from that form.

So the extent of the fraud investigation was due to you mistakenly writing K-1 as the class of admission, and that was information you got from VJ?

 

Seems very, very odd for that to have held anything up, let alone necessitate a fraud investigation.  That makes no sense whatsoever.

[Mike E 11,739]

5 hours ago, Gomast said:

 I received a call from a tier 2 officer who said that because on the I-131 I wrote under class of admission "K-1", rather than AOS spouse, they denied. The officer said that it has no implications and that I can resubmit the I-131 with the correct class of admission.

Our attorney typed “K1” in my wife’s I-131.  Her I-131 was approved. 
 

Quote

 

* Edit: I hope that the I-131 example form on VJ will be corrected. I copied the class of admission from that form.

I just look at the example form,

https://www.visajourney.com/examples/INS-Form-I-131.pdf

 

it and it says “K-1”. If anything the example is more correct than what my attorney used.  There is no need to change the example on visajourney, IMHO and IMO.  

 

If you entered on a K-1 visa and married within 90 days of point of entry then “K-1” was certainly correct. 
 

Since it was a tier 2 who told you this and not a tier 1, I contend you were lied to.  You received a call from someone “claiming” to be a tier 2.  Anyone call call anyone and fake caller ID 
 

At some point you have to accept that you are being maliciously jerked around by USCIS and should consider more aggressive litigation.  

Edited May 26, 2022 by Mike E

[Gomast 65]

3 hours ago, Jorgedig said:

So the extent of the fraud investigation was due to you mistakenly writing K-1 as the class of admission, and that was information you got from VJ?

 

Seems very, very odd for that to have held anything up, let alone necessitate a fraud investigation.  That makes no sense whatsoever.

The tier 2 officer says that the denial of the I-131 due to "fraud or misrepresentation" was only because I specified an incorrect class of admission. Sure, it's possible that the officer did not give a truthful explanation.  However, the denial letter states that it does not effect future applications. BTW, in the I-131, I wrote that the purpose of my trip is to travel with my wife to visit our families, so it's not like I tried to hide that I'm married.

 

I don't think that the I-131 denial is the cause of the long delay in the I-485. I think that the delay is because I have  unusual circumstances, with my wife's previous divorce, my previous divorce, my ex-wife who is married to a USC and is in the process of AOS. But 3 years for a decision is excessive. If USCIS has any concerns, please send us an RFE, invite us for another interview, do a house visit.

Edited May 27, 2022 by Gomast
typo

[Rocio0010 5,579]

Your timeline might clarify why your case is red- flagged. Let me see if I got this clear: Your ex wife (then wife) entered the US under an H4 in October 2017, then you divorced and she married in January 2018? All of that in the course of four months? Did I get that right?

 

- October 2017, my children enter the US with my ex wife, under H-4 visa. Their visa later expires.

- January 2018, my ex wife gets married to a USC. The ex wife and my children live in the US. My ex wife did not apply for a GC. They are all out of status.

- July 2019 I enter the US with a K-1.

- August 2019, I get married to my wife, who is a USC.

- September 2019 I apply for AOS

[Redro 4,611]

20 hours ago, Gomast said:

So here is an update regarding my I-131 that was denied due to "misrepresentation or fraud". I received a call from a tier 2 officer who said that because on the I-131 I wrote under class of admission "K-1", rather than AOS spouse, they denied. The officer said that it has no implications and that I can resubmit the I-131 with the correct class of admission.

 

* Edit: I hope that the I-131 example form on VJ will be corrected. I copied the class of admission from that form.

Do you remember the day you were on Hacking? Am trying to find the episode to link to this forum to help people understand your situation... 

Personally, I think you're facing a denial if you file a mandamus. Too many red flags in your story... but maybe if you get an amazing lawyer you can create solid evidence indicating your current relationship is bonafide. 

 

 

[Chancy 6,241]

*** Moved from AOS from K1 Visas forum to AOS Progress Reports ***

 

[Gomast 65]

2 hours ago, Rocio0010 said:

Your timeline might clarify why your case is red- flagged. Let me see if I got this clear: Your ex wife (then wife) entered the US under an H4 in October 2017, then you divorced and she married in January 2018? All of that in the course of four months? Did I get that right?

 

- October 2017, my children enter the US with my ex wife, under H-4 visa. Their visa later expires.

- January 2018, my ex wife gets married to a USC. The ex wife and my children live in the US. My ex wife did not apply for a GC. They are all out of status.

- July 2019 I enter the US with a K-1.

- August 2019, I get married to my wife, who is a USC.

- September 2019 I apply for AOS

Few clarifications:

On October 2017 my children entered the US with my ex. I am not sure what visa my kids used. Could be my ex wife's R-2).

I filed for divorce in May 2017. We were already separated.

I started dating my wife in March 2018. My ex refused to grant me a divorce. Only in November 2018 she agreed to the divorce and it was finalized.

In January 2018 we filed for K-1.

 

I can definitely see the red flags and the interviewing officer also asked me about it. I explained to him that my ex refused to grant me the divorce for more than one year. When the divorce was finally over, my wife and I got engaged.