K1 to I485 but a lawyer says we need I130 before which does not sound right

[Boiler 45,467]

1 hour ago, Rocio0010 said:

He just changed the time to 2:30 pm CST

 

To OP: your case is way outside of normal processing times. Are there are red flags?

 

Specifically:

where’s your spouse from?

Is there a significant age difference?

where were you born?

Has she ever been married before?

Have you ever granted immigration benefits to someone else?

Any inside info on the 5 hour super special?

[Rocio0010 5,579]

3 minutes ago, Boiler said:

Any inside info on the 5 hour super special?

Not inside.... it's been shared that it is going to be on the 16th.

He also said he might join VJ

[discoverusa 258]

Why don't you try contacting your senator first? It's free and they may try to unstuck your wife's case. 

[igoyougoduke 1,656]

Your dont need a lawyer. Your case is straight forward to file a mandamus. I posted details about how to file mandamus in court by yourself

 

https://www.visajourney.com/forums/topic/799745-how-to-file-a-mandamus-in-federal-court/

 

 

Jesus christ - 7 years. 

Edited December 15, 2023 by igoyougoduke

[lplplpx3 13]

 

So guess whose application for permanent residence was approved...no interview, no nothing? I received the written notice today and apparently my green card is in the mail. WOW. We are overjoyed. This chapter is FINALLY over.

Big thanks to all the advice given here and especially to @igoyougoduke who helped me in the background with any questions I had as I decided to file Pro Se. As a way of giving back to the community I'm going to post my steps here that hopefully supplements the info from @igoyougoduke found here. Thanks again and good luck to everyone. 

______________________________________________________________________________________________________________

 

Steps I took to file a Writ of Mandamus "Pro Se,” meaning by myself without the help of a lawyer.

 

At a minimum you need to serve the following 3 people:

1. The US Attorney General in Washington DC
2. The USCIS/DHS chief in Washington DC
3. The US attorney in your district

Google all 3 for the correct names and addresses

 

For 1 and 2 above I used the following but double check to ensure this info is still current:

 

Merrick B. Garland, in his official capacity, Attorney General, Office of Attorney

General, U.S. Department of Justice;

950 Pennsylvania Avenue NW, Washington, DC 20530-0001

 

Alejandro Mayorkas, in his official capacity, Secretary, U.S. Department of Homeland Security;

Ur M. Jaddou, in her official capacity, Director, U.S. Citizenship and Immigration Services;

2707 Martin Luther King Jr. Ave, SE, Washington, DC 20528-0485

 

Note: Even though 2 names are listed here, I only served Alejandro Mayorkas. This was a little confusing to me too

 

To serve each one of the 3 named above you will need:

1. A copy of the complaint
2. The summons

Where do you file?

Ask Google something like: Where do I file a civil case United States District Court for the [your district] of [your state]. Make sure you reach an official government website and not a sponsored link or something similar. On this official website you should find the address where you need to file, hours of operation, and court  filing fees. At time of writing this was listed as $405 for a writ of mandamus.

 

How to serve:

According to this informational handbook for self-represented (pro se) litigants from The Federal Bar Association, formal service upon the federal government or any of its agencies can be accomplished by USPS certified mail (return receipt required) with the properly executed summons.

 

Everything you will need:

 

1. A civil cover sheet (x1).  Example form from my district in GA, find the one for yours.
   This is filed along with the other documents when commencing a civil lawsuit in federal court. It aids court administrators in managing cases and helps streamline the judicial process by providing key information about the case at a glance (i.e the nature and type of lawsuit being filed). I've attached an example of how I filled mine out, include your own reason for cause of action. 
    
2. The complaint itself (x4). Mine included 5 different sections as follows:

   - Introduction

   - Jurisdiction

   - Factual Allegations

   - Legal Claims or Causes of Action

   - Prayer for Relief
   
   I've attached  a rough copy of mine. Update for your particular circumstance. The complaint also shows what attachmentsscreenshots I included as evidence.
    

   I printed 4 copies of the complaint but you’ll only be mailing out 3. The 4th was just a backup that actually came in handy as the clerk made a mistake on the first page of the form so instead of whiting out etc. she just used a fresh one.

    

   Where you currently have a blank for the Civil Action No, the clerk will stamp the official number there, and date and sign that first page of your complaint. I made 3 copies of this official stamped document (keeping the original myself), and replaced this official page—with case number and court stamp—as the first page of each of the complaints for all the 3 defendants.
    

3. The summons form (x3 - 1 for each named Defendant). Found here.
   A summons is a legal document issued by a court that notifies a defendant that a lawsuit has been filed against them. It serves as a formal notice of the lawsuit and informs the defendant of their obligation to respond to the claims made by the plaintiff in the complaint.
   
   Once you have filled each of these forms out (3 only and FRONTSIDE ONLY, leave the back “proof of service etc.” blank). The clerk will stamp the case number on the front, sign their name, and apply the official seal of the court. The clerk then returned 6 copies back to me (2 of each), one that I would send along with the complaint and the other, where I would be able to show “Proof of Service” which can only be completed AFTER the summons is served to the defendant. As in step 5 below, it will be necessary to track the packages. Once delivered, or you receive the return receipt, THEN you can file the summons that now includes proof of service with the court.

 

Steps in total are as follows:

1. File the complaint with your local DISTRICT court
2. Take photo copies of the first page of the complaint with your official stamped case number (x3) and attach each as the (new) first page to all 3
3. Complete package by including a summons with each
4. On the same day (or date you requested the clerk stamp on your docs) serve compliant via USPS certified mail with return receipt required. It takes a reasonable amount of time to fill out all the forms/addresses correctly so give yourself ample time Ito do this in the Post Office.
5. Track the packages
6. Once delivered, file the proof of service (via the 3 summons you possess) with court. Call to check if you need to psychically do this or can just certify-mail them back in.

 

---------------------------------------------------------------------------------------------------------------------------

In case you're wondering about timelines, it was as follows. Please note when I consulted with 2 attorneys both said my case was simple due to country where I came from and there were no convictions etc. involved. They both felt that my case was literally sitting at the bottom of someone's desk, yes for 7 years. Of course, if yours is not as simple then (it goes without saying) get legal help.

 

I was surprised at the turn around considering the holidays and all. 

Date filed and mailed -12/19/23

Return receipt from post office receiived - 1/2/24

Email from INS received saying they were working on my case  - 1/4/24
Notice of approval sent via email from my local district office - 1/9/24
Office approval notice titled "WELCOME TO THE UNITED STATES OF AMERICA" received in the mail 1/13/24
Awaiting Green card which they indicated would be with me within 3 weeks or so.

---------------------------------------------------------------------------------------------------------------------------

Next step: I was asked to file a notice of voluntary dismissal as the case has been resolved. I'll be working on that next and get that info out the door sometime this week.

GOOD LUCK ALL!

Example_Civil_Cover_Sheet.pdf Example Complaint.doc

[lplplpx3 13]

   

[nastra30 2,284]

4 hours ago, lplplpx3 said:

 

So guess whose application for permanent residence was approved...no interview, no nothing? I received the written notice today and apparently my green card is in the mail. WOW. We are overjoyed. This chapter is FINALLY over.

Congrats. 

[igoyougoduke 1,656]

congrats and happy for you !

[powerpuff 6,697]

Hijack post removed. Please start your own thread to ask questions.

 

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