Should I do nothing? Or Mandamus..

[Cirkul 15]

Hello Everyone,

 

I am married to a Filipina and our two year wedding anniversary will be April 18th. USCIS started processing our case early July of 2022. We are still at the USCIS stage. My lawyer wants to just file a Mandamus in July of this year. I don't want to spend the 6 grand. I will if I have to though.

 

He has told me, reaching out to a senator will do nothing, contacting a local lawmaker will do nothing, and contacting USCIS is a "colossal waste of time". I feel like he just wants the 6k for filing the writ. He explained to me that if he files it, his "contact" at USCIS will email him and ask what can be done to avoid going to court.

 

Does any anyone have any ideas to prevent me from spending another 6 thousand dollars? My lawyer seems confident in his plan, but I just want this petition approved. It's been nearly two years now. Read my other, threads that should answer any questions..

Edited April 12 by Cirkul

[Lemonslice 4,868]

 it will help others answer your question.  

https://www.visajourney.com/timeline/profile.php?id=450122

[EM_Vandaveer 2,408]

A mandamus forces a decision, not necessarily an approval. If your case is still stuck in background checks, USCIS may just choose to deny it...

[Cirkul 15]

20 minutes ago, EM_Vandaveer said:

A mandamus forces a decision, not necessarily an approval. If your case is still stuck in background checks, USCIS may just choose to deny it...

Well, that's not very encouraging and I thank you for your oppinion. This is so hard...

[wildbug100420 114]

19 hours ago, Cirkul said:

Hello Everyone,

 

I am married to a Filipina and our two year wedding anniversary will be April 18th. USCIS started processing our case early July of 2022. We are still at the USCIS stage. My lawyer wants to just file a Mandamus in July of this year. I don't want to spend the 6 grand. I will if I have to though.

 

He has told me, reaching out to a senator will do nothing, contacting a local lawmaker will do nothing, and contacting USCIS is a "colossal waste of time". I feel like he just wants the 6k for filing the writ. He explained to me that if he files it, his "contact" at USCIS will email him and ask what can be done to avoid going to court.

 

Does any anyone have any ideas to prevent me from spending another 6 thousand dollars? My lawyer seems confident in his plan, but I just want this petition approved. It's been nearly two years now. Read my other, threads that should answer any questions..

Please complete your timelines 

[Redro 4,611]

File a K3/ I129F… 

they are still being issued and in cases with delays… might work might not work but it’s cheaper than the WOM. 

Edited April 12 by Redro

[Allaboutwaiting 2,503]

19 hours ago, Cirkul said:

Hello Everyone,

 

I am married to a Filipina and our two year wedding anniversary will be April 18th. USCIS started processing our case early July of 2022. We are still at the USCIS stage. My lawyer wants to just file a Mandamus in July of this year. I don't want to spend the 6 grand. I will if I have to though.

 

He has told me, reaching out to a senator will do nothing, contacting a local lawmaker will do nothing, and contacting USCIS is a "colossal waste of time". I feel like he just wants the 6k for filing the writ. He explained to me that if he files it, his "contact" at USCIS will email him and ask what can be done to avoid going to court.

 

Does any anyone have any ideas to prevent me from spending another 6 thousand dollars? My lawyer seems confident in his plan, but I just want this petition approved. It's been nearly two years now. Read my other, threads that should answer any questions..

Not long ago, a member posted a detailed guide on how to file a WoM on your own.

 

I'll look for it and will share the link once I find it.

 

 

[Family 4,014]

I say DIY the WOM. Plenty of recent success stories from VJ posters , all of whom offered to help

. ..you will get a lot of bang for the $400 cost of filing . 

[Allaboutwaiting 2,503]

Found it!

 

 

[Cirkul 15]

On 4/12/2024 at 2:15 PM, wildbug100420 said:

Please complete your timelines 

Thanks. I did. Looks like we are way behind schedule but looks like there are a lot of people still st USCIS stage like my wife and I

[Cirkul 15]

On 4/12/2024 at 2:31 PM, Family said:

I say DIY the WOM. Plenty of recent success stories from VJ posters , all of whom offered to help

. ..you will get a lot of bang for the $400 cost of filing . 

Thank you, Family. I really appreciate it. I'm going to give this a other month or two before I do this. Attorney or no attorney involved. I really do appreciate your help.

On 4/12/2024 at 2:51 PM, Allaboutwaiting said:

Found it!

 

 

Thank you so very much!!

[Cirkul 15]

On 4/12/2024 at 2:22 PM, Redro said:

File a K3/ I129F… 

they are still being issued and in cases with delays… might work might not work but it’s cheaper than the WOM. 

Thank you, Redro. My only concern now is, do I dare file a K3 at this point? We could be approved next week. K3 might delay it a few more months. But I'm no lawyer or expert. If I'm still stuck in a background check, my worry is that the same thing will happen if I file a K3.

[Redro 4,611]

4 minutes ago, Cirkul said:

Thank you, Redro. My only concern now is, do I dare file a K3 at this point? We could be approved next week. K3 might delay it a few more months. But I'm no lawyer or expert. If I'm still stuck in a background check, my worry is that the same thing will happen if I file a K3.

Filing the K3 could result in 3 actions

1.) nothing (worst case scenario) 

2.) K3 approval- better case- spouse comes over to the US and adjusts status 

3.) approval of i130- best case scenario 

 

People file the I129F as a way to nudge I130 approval. So, I see that as the cheapest way to get some sort of action on your case. 
It will take a few days for I129F to hit the desk of someone so if I130 is approved in the interim the K3 will be administratively closed 

Edited April 14 by Redro

[Cirkul 15]

1 minute ago, Redro said:

Filing the K3 could result in 3 actions

1.) nothing (worst case scenario) 

2.) K3 approval- better case- spouse comes over to the US and adjusts status 

3.) approval of i130- best case scenario 

 

People file the I129F as a way to nudge I130 approval. So, I see that as the cheapest way to get some sort of action on your case. 

I will look into the k3. Thank you so much!

[Family 4,014]

On 4/11/2024 at 6:59 PM, Cirkul said:

He has told me, reaching out to a senator will do nothing, contacting a local lawmaker will do nothing, and contacting USCIS is a "colossal waste of time". I

I just realized you have not contacted USCIS nor Congressman. 
Poking the bear is often effective to bring attention to old paper ( non digital) cases stuck in the black hole. 
 

YOU should do both on your own. Call and USCIS, ask for tier 2 and try either an expedite or service request. 
Look up your congressman and email authorization