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Willie_Overall Contributor

Willie_Overall   26

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9 hours ago, dandjsebben said:

Just got approved today!!! I think reaching out for a second time with my senator was the key!

 

Thanks for the update!

 

I had bad experiences with the politicians in my district so I went the Mandamus route. I hired a lawyer and they should be filing within the next week or 2.

dandjsebben Rookie

dandjsebben   15

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Filed: IR-1/CR-1 Visa Country: Canada
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22 minutes ago, Willie_Overall said:

 

Thanks for the update!

 

I had bad experiences with the politicians in my district so I went the Mandamus route. I hired a lawyer and they should be filing within the next week or 2.

What bad experiences? Also, will a WOM do anything if you’re still within the “normal” processing times of 15.5 months? I just wouldn’t want you to spend 6k if your approval is around the corner given you filed a month after me and are at the 15.5 months yet. 

Willie_Overall Contributor

Willie_Overall   26

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5 minutes ago, dandjsebben said:

What bad experiences? Also, will a WOM do anything if you’re still within the “normal” processing times of 15.5 months? I just wouldn’t want you to spend 6k if your approval is around the corner given you filed a month after me and are at the 15.5 months yet. 

 

I actually went to them in person. They didn't even try. They basically just looked at the USCIS online processing times and said I need to wait to that date (not the 15.5 month mark, the date they give you on the site where you put in your PD date). Two different offices did this to me. Unfortunately, after talking to Emma and the politicians' offices, you are considered within normal processing time until you get to that inquiry date. The 15.5 month mark is only when 80% of the cases are completed.

 

And, yes, a WOM will do something. It will either force them to make a decision or they'll file a motion to dismiss. I researched this a ton and I've yet to see a motion to dismiss filed in a CR1/IR1 case in USCIS. K1 in USCIS? Yes. CR1/IR1 at the NVC/embassy level? Yes. But not CR1/IR1 at the USCIS level. This was reaffirmed when I spoke with Jim Hacking (who I find to be brutally honest).

 

Anyway, we're just about to hit the 15 month mark in a few days anyway. They have 60 days to respond upon being served. In all likelihood, they won't even respond (and may not even be served) by the time we hit the 15.5 month mark.

dandjsebben Rookie

dandjsebben   15

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Filed: IR-1/CR-1 Visa Country: Canada
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Posted
5 minutes ago, Willie_Overall said:

 

I actually went to them in person. They didn't even try. They basically just looked at the USCIS online processing times and said I need to wait to that date (not the 15.5 month mark, the date they give you on the site where you put in your PD date). Two different offices did this to me. Unfortunately, after talking to Emma and the politicians' offices, you are considered within normal processing time until you get to that inquiry date. The 15.5 month mark is only when 80% of the cases are completed.

 

And, yes, a WOM will do something. It will either force them to make a decision or they'll file a motion to dismiss. I researched this a ton and I've yet to see a motion to dismiss filed in a CR1/IR1 case in USCIS. K1 in USCIS? Yes. CR1/IR1 at the NVC/embassy level? Yes. But not CR1/IR1 at the USCIS level. This was reaffirmed when I spoke with Jim Hacking (who I find to be brutally honest).

 

Anyway, we're just about to hit the 15 month mark in a few days anyway. They have 60 days to respond upon being served. In all likelihood, they won't even respond (and may not even be served) by the time we hit the 15.5 month mark.

Okay got it; well I hope you hear something soon 🤞🏻

TBoneTX Grand Master

TBoneTX   45,598

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Filed: Citizen (apr) Country: Ecuador
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10 hours ago, dandjsebben said:

Just got approved today!!!

Congratulations, and what a relief for you!

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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

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