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Filed: K-1 Visa Country: Iran
Timeline
Posted (edited)

Greetings All,

 

Just wanted to start a Mena DS-5535 Forum, as it seems tons of people here go through this process and have no platform to vent. I am not sure how deep this rabbit hole will go but I hope this will become a venue everyone can talk and vent and retain information lost with those throughout this process. As of right now, here is my timeline everybody:

I hope you all gain something from this:
 

08MAY2023 - Interview Date - Ready

 
09MAY2023 - Refused 221(G) - Documents not Submitted. 
10MAY2023 - Refused 221(G) - Documents Submitted

 

11MAY2023 - Refused 221(G) - No Action on our Behalf
22MAY2023 - Refused 221(G) - No Action on our Behalf
24MAY2023 - Refused 221(G) - No Action on our Behalf
26MAY2023 - Refused 221(G) - No Action on our Behalf  

06JUNE2023 - Refused 221(G) - No Action on our Behalf 

 

20JUNE2023 - WRIT OF MANDAMUS FILED -  PETITION FOR WRIT OF MANDAMUS and Complaint for Declaratory and Injunctive Relief against RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL 

21JUNE2023 - WRIT OF MANDAMUS CASE ASSIGEND - SUMMONS (5) Issued Electronically as to RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL, U.S. Attorney and U.S. Attorney General(zrtw)

23JUNE2023 - Refused 221(G) - No Action on our Behalf 

 

28JUNE2023 - STANDARD ORDER for civil cases signed by our Judge

 

24JULY2023 (Part 1) -  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023

26JULY2023 (Part 2) - RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023

 

28JULY2023 - Refused 221(G) - TODAY.

 

We had started the process to file a Writ of Mandamus after 40 days and spent $4000.00. We used Morrison-URENA.

 

There is a Telegram Group called 'mandamus_ap' on Telegram if you give it a search that has a list of verified lawyers to give you some additional guidance that I highly recommend. Although I cannot provide the link here, you can type what I put in bold and the group will pop up.

 

As for now. Lets see where this goes everyone.

 

My fiance and I have 10 days left until the Gov't has to respond so wish us luck!

Edited by Inveigh
Filed: K-1 Visa Country: Wales
Timeline
Posted

I always think of Canada with the DS 5535.

 

Hacking on YT does quite a few and is always discussing them.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Iran
Timeline
Posted (edited)
54 minutes ago, saied said:

Holy . I would have thought they would have responded by now.

Im also thoroughly surprised. They have less than 5 hours left until the end of the workday to respond to the Mandamus Lawsuit and we STILL have not received a response.

Edited by Inveigh
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, Inveigh said:

So I have an update, at 11PM at night they put in a Motion to Dismiss for our case 😥😥😥

This is the government's first response to the WOM, correct?  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Iran
Timeline
Posted
Just now, Crazy Cat said:

This is the government's first response to the WOM, correct?  

@Crazy Cat Yes this is their first response back to our Writ of Mandamus. Our Lawyer said that if the U.S. Attorney's office did respond with a Motion to Dismiss he would be shocked at how far-gone Washington D.C. has become at just dismissing cases when people have circumstances like ours which are very defendable in his eyes.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
Just now, Inveigh said:

@Crazy Cat Yes this is their first response back to our Writ of Mandamus. Our Lawyer said that if the U.S. Attorney's office did respond with a Motion to Dismiss he would be shocked at how far-gone Washington D.C. has become at just dismissing cases when people have circumstances like ours which are very defendable in his eyes.

What's next?  Discovery and request for summary judgement?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Iran
Timeline
Posted
3 minutes ago, Crazy Cat said:

What's next?  Discovery and request for summary judgement?

So responding with a Motion to Compel of Administrative Record is the next legal action our lawyer says is a good method. I believe that a Motion to Compel Discovery and Motion to Compel of Administrative Record are essentially the same, but I am happy to be corrected. Once they provide information on why Administrative Processing is issued, I believe then we will focus on fighting or updating the complaint (or voluntarily dismissing).

 

Albeit, it might not even get to that point.

Filed: K-1 Visa Country: Wales
Timeline
Posted

From what I understand DC is not a good place to WoM and I have seen reports of resistance where the issue is an appointment at backlogged Consulates.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
18 hours ago, Inveigh said:

@Crazy Cat Yes this is their first response back to our Writ of Mandamus. Our Lawyer said that if the U.S. Attorney's office did respond with a Motion to Dismiss he would be shocked at how far-gone Washington D.C. has become at just dismissing cases when people have circumstances like ours which are very defendable in his eyes.

Perhaps, but you also filed it like a month after the interview, right?   That was premature, IMHO.   Even background checks for applicants in low fraud countries require more time than that.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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