
Willie_Overall
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Everything posted by Willie_Overall
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This is exactly the issue. The person who created this thread is blatantly wrong with their advice, despite creating a guide (and this was backed up by not only my local federal court, but by the US attorney's office). You can't have the defendants served on your own and you can have family and friends serve them. For anyone that has questions about this, feel free to go to your US attorney's office and ask them yourself. Don't rely on random people on internet forums. Good on you, lincclay, for pushing back against that misinformation and best of luck with your pro se mandamus!
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You can't. I attempted to file a Mandamus on my own at first and talked to people at the clerk's office from the federal court near me. Getting information was like pulling teeth, but they told me that you can't serve them on your own. I also spoke with the US attorney's office and they (much more readily) told me the same thing. This revelation is ultimately one of the things that convinced me to hire a lawyer. I'm not sure I believe many of the self-filed Mandamus stories online now. For me, it wasn't worth it to file the lawsuit and wait 2 months only to have the lawsuit dismissed on a technicality. I decided to just spend the money and have the peace of mind in knowing that everything is being filed correctly.
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July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Nope. Hired a lawyer and filed a Mandamus. So I should hear something within the next 2 months. -
Just an update. My original case fell off the google search results for some reason. If you just type in my name, it doesn't come up anymore. I did hire a lawyer and they filed a few days ago. That only comes up if you put in my last name and the parties that we're suing. So just googling me has absolutely nothing about this now.
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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.
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Yeah, sorry to hear that, man. It's crazy that you have to go through this even though you've been exonerated (personally, I think these kinds of laws are far too overreaching to begin with). It's also crazy that you've had to wait over 2 years and file a lawsuit just to get an answer from them. It's likely that, if you took no action, they would have just kept you waiting indefinitely. Hopefully, you'll just be able to send whatever document they want and they'll just approve it. What are your options if they end up denying your petition? Appeal?
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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.
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Sorry to hear that. Definitely keep us posted.
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July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Anything yet? We're still waiting too. July 28. -
Yeah, I definitely messed up. I already filed it based on templates I found online. Pretty sure it's wrong and I proceeded too quickly without adequately understanding what I was doing. I wasn't aware of the lack of anonymity until afterwards. So my information is all out there. I definitely feel like this is done intentionally by the courts to dissuade people from filing lawsuits. Our information should not be so easily available simply because we filed a lawsuit. The upside is that I guess I could just file as many lawsuits as it takes to get it right. My information is already public. Might as well just keep going.
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Like sexual assault cases, domestic violence, things like that. That's what I've found online anyway.
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Did you find any more information about this? It seems like you can only file anonymously if you have (what the court deems) a very strong reason.
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July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
I didn't use a form. I drew up a court case after doing a lot of research online. Definitely could have messed some things up. The clerks at my district court told me I had to do more things (without officially telling me since they aren't allowed to do that). That's why I'm thinking about hiring a lawyer. This is more complicated than I have time for and I just want to be done with it. -
July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Contacted my congressman today. I also self-filed a Mandamus at the federal court near me and started the process of having the defendants served. I'm concerned that I didn't do it right so I'm also in the process of contacting lawyers. I'm considering filing a second mandamus through them. Very frustrating that I have to spend thousands of dollars on this while illegals get the red carpet treatment at the border. -
July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Yeah, I don't have much hope for the Congressman. Politicians in the US don't seem to work on behalf of their constituents anymore. My plan is to self-file a mandamus. If that doesn't work (because I'm still considered within normal processing time), I'll hire a lawyer and have them do a second one once I'm out of normal processing time. I don't really know what to do in your situation. Do you know the average processing times for RFE? Maybe you could ask Hacking about it on one of his live shows. -
July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
There are many 7/29 approvals in the Facebook group and Immigration Timeline here. I've also seen 7/30 and 7/31 approvals. -
July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
I just don't think this is accurate. If it was, then why would they have approved just about everybody from my dates (and the surrounding dates) over the last few days? Our case is simple. There's no reason for a delay. I think it's just sitting on someone's desk somewhere and they're taking their sweet time. Something along those lines. I plan on going to my congressman's office on Monday and I've also started writing up a mandamus. I'll keep everyone here informed on what happens. -
July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
My name is an extremely white-sounding name and there is no one else by my name currently alive that exists in the world. I've never committed any crime and have never been married before. There is no reason why my case would take more time than anyone else's. -
July 2023 Filers I 130
Willie_Overall replied to Wolle's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Looks like we got skipped over. I knew this would happen. I hate how our government treats its citizens. I'm sure we wouldn't be treated so poorly if we were trying to do this illegally.