How to File writ of Mandamus for k1 process

[Not today 13]

Hello,

I applied for k-1 visa for my fiance since march 2021, we got approved by uscis In march 2022. my fiance got his interview done the following month, Unfortunately he was required to fill the ds5535 form. We turn that in on May 2nd. Supposedly we were to receive an answer in max 60 days. But all up to now we haven t receive anything. It has been a long wait! I would like to file    for Writ of Mandamus. Do I only need an attorney? Or can I do it myself? Any tips to help me? 
Can someone who filed WOM share me his expeience? TIA

[powerpuff 6,611]

WoM is not a DIY 

[Lil bear 4,156]

4 minutes ago, powerpuff said:

WoM is not a DIY 

Also it forces a decision which cannot be appealed. The delay is caused by incomplete background checking which is still to be resolved. Filing WoM wont cause the background check to be finished.. and if it is still incomplete when the WoM makes it to court then your application will be denied. Finished. If you wait it out you can still get a positive outcome. Just be aware of the risk  

Edited December 27, 2022 by Lil bear

[Not today 13]

1 minute ago, Lil bear said:

Also it forces a decision which cannot be appealed. The delay is caused by incomplete background checking which is still to be resolved. Filing WoM wont cause the background check to be finished.. and if it is still incomplete when the WoM makes it to court then your application will be denied. Finished. If you wait it out you can still get a positive outcome. Just be aware of the risk  

Oh wow! I never thought of a bad side of this act. I heard some people apply for it and got positive and quick return. I never thought It wouldn t speed up the process or worse increase your chances to be denied.😞 It is so frustrating to be waiting over almost 9 months already. 

[Lil bear 4,156]

1 minute ago, Not today said:

Oh wow! I never thought of a bad side of this act. I heard some people apply for it and got positive and quick return. I never thought It wouldn t speed up the process or worse increase your chances to be denied.😞 It is so frustrating to be waiting over almost 9 months already. 

Many have unfortunately waited longer  

[Not today 13]

2 minutes ago, Lil bear said:

Many have unfortunately waited longer  

Have u heard of someone been denied after wom? Sorry, i m just desperate.

[Lil bear 4,156]

1 minute ago, Not today said:

Have u heard of someone been denied after wom? Sorry, i m just desperate.

There have been posted threads regarding this .. do a  search on this site using key words 

[Lil bear 4,156]

19 minutes ago, Not today said:

Have u heard of someone been denied after wom? Sorry, i m just desperate.

There have been posted threads regarding this .. do a  search on this site using key words 

 

[Not today 13]

20 minutes ago, Lil bear said:

There have been posted threads regarding this .. do a  search on this site using key words 

I have seen a lot from Canada but nothing else

3 minutes ago, Lil bear said:

There have been posted threads regarding this .. do a  search on this site using key words 

 

Got you. 

[Not today 13]

Well! It wouldn t be fair to just denied an uncompleted case just because they are under pressure of giving a response within a timeframe. And really unfair for who hires an attorney paying thousands of dollars

[Lil bear 4,156]

3 minutes ago, Not today said:

Well! It wouldn t be fair to just denied an uncompleted case just because they are under pressure of giving a response within a timeframe. And really unfair for who hires an attorney paying thousands of dollars

Fairness has nothing to do with it.

Its why you need to know the consequences of what you are doing before you do it.

The law and intent of WOM is very clearly stated. It is to force /require a decision ..  but it does NOT require the process to be “ expedited” or pushed through 

 

I used to use the same reasoning with my kids ( now in their 40s)   They would want my decision now.   I would offer them this 

“ If you want my answer now, it will be No.. if you are prepared to wait until i am ready to decide, it might be Yes.” 
They always chose to wait   Clever wise bunnies 🤪

[Not today 13]

36 minutes ago, Lil bear said:

Fairness has nothing to do with it.

Its why you need to know the consequences of what you are doing before you do it.

The law and intent of WOM is very clearly stated. It is to force /require a decision ..  but it does NOT require the process to be “ expedited” or pushed through 

 

I used to use the same reasoning with my kids ( now in their 40s)   They would want my decision now.   I would offer them this 

“ If you want my answer now, it will be No.. if you are prepared to wait until i am ready to decide, it might be Yes.” 
They always chose to wait   Clever wise bunnies 🤪

Thank u for your response. I guess I need to think wisely before jumping into that. 

[Boiler 45,355]

The issue is that you went the K1 route and they have a limited time line which has in the past been used to get around the WoM, I do not know current practice.

 

CR1 and I would be saying in general go for it.

 

The particulars of your case may be relevant, something to discuss with a Lawyer, I think Hacking is up to 1400, nice money for a Lawyer.

[Rocio0010 5,579]

13 hours ago, Not today said:

. I never thought It wouldn t speed up the process or worse increase your chances to be denied

If these were the only outcomes, more people would go for it, don’t you think? 
As @Lil bear has rightfully explained, you are forcing them to make a decision with what they have. I know it seems a lot to you and it probably is, but people on a K1 have been waiting for longer than 9 months 

[Boiler 45,355]

They pull their finger out and action the file, or they explain to the Court why they can not.

 

In this case it will be nearly a year after receiving the DS 5535, so of course there could be something unusual in this case, who knows. Essentially a WoM is a kick in the backside button.

 

Do not recollect anybody who has posted on here not being approved after submitting a DS 5535?, but I certainly do not read every post.