anotherstuckinap

From what I've read, I think you always have to pay after processing is complete (since no one is guaranteed a visa). I could definitely be wrong, however! Hope this helps.

Seems on par with the emails I receive, including the verbiage 'this involves extensive consular review and administrative processing'. I don't think I've ever seen the 'We continue to aim to reduce the time required for certain types of administrative processing.' - but someone else had that the other day.

I believe they keep an electronic file on all visa applicants.

Yes, I believe so based on the fact you receive a case update every time they reply.

I believe you're right about jurisdiction. Another person who has a significant amount of experience is Jesse Bless from Bless Litigation: https://blesslitigation.com/ I'm not really sure how, but he's the one responsible for getting those statements from Carson Wu in regards to how the process works due to litigation. All of the people you suggested should be great. Chris Casazza is fantastic from PIC Law.

The AOS is generally faster now, and less of a hassle. But yeah, from what I understand, the consular officers have more discretion and have more weight on their opinion. I believe they still need a reason for denial, though. I don't think they're 'out to get people' and follow general guidelines - and need a legitimate reason to support a denial that could be appealed.

Risk of filing the WoM: It doesn't force the consulate or the Department of State to approve your application - only to make a decision. That being said, generally the only real risk associated with it is that a significant amount of time needs to have lapsed prior to filing it or you're very likely to lose in court. The Department of State has people from the U.S. Attorneys Office fighting the majority of these lawsuits. The longer you wait, the stronger your lawsuit. In terms of the standards for denial: Both USCIS and consular officers need valid and substantial reasons to deny a marriage-based green card application. These reasons must be grounded in U.S. immigration laws and regulations. USCIS tends to have a more structured process with formal denials and the possibility of appeals or motions to reopen/reconsider. Consular officers have broad discretion and their decisions can be more difficult to appeal. A visa denial at a consulate typically requires the applicant to address the specific reasons for denial and potentially reapply. In summary, while both agencies must have valid reasons for denial, the processes and authorities differ. USCIS operates under a more formalized process with opportunities for appeals, while consular decisions are discretionary and generally more final. There is also the note of dual intention: You're not meant to travel to the United States on a non-immigrant visa and have the intention of applying for an Adjustment of Status to stay. "You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option. It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista)" - See General FAQ for AoS: https://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

For what it's worth - I fully agree and also do not understand how the vast majority of the cases in DS-5535 processing are inherently different than most standard cases. Not really certain they know either, unfortunately they will never share that information and don't really have to answer for it. I think when they say 'certain types' they're referencing the DS-5535 'Supplemental Questions for Visa Applicants' - as there has been lots of discussion about improving processing times through automation. There are other types of Administrative Processing, but they seem to be processed significantly faster. Not really sure we've seen any real changes coming through as far as how quickly these cases are being processed (if anything, things have continued to progress in the opposite direction due to a very serious backlog). They probably really are trying to make some positive changes - I really hope so, but we'll have to continue waiting to see if they work I suppose. Just my two cents.

No, probably not. They are sometimes very slow to respond (2-4+ weeks) or do not respond at all in some cases.

For what it's worth - and anyone interested: https://drive.google.com/file/d/1UUbxQ2o74-5O0lip4Si18kaI7ZVsaCit/view Section 27: Another interesting quote

A bit new to all of this - what exactly happens when your cast status changes to expiring soon (and subsequently, if it expires)?

Is this normal? 4 cases in ~3-4 weeks? I've only been around since March of 2024 and I have never seen them processing cases. I don't know if they do a few and then slow down again or if maybe they're picking up their processing times?

There is currently a request for comments from the Department of State on the DS-5535 open to the public: https://www.aila.org/library/dos-89-fr-33437-4-29-24 Section titled: DEPARTMENT OF STATE [Public Notice 12368] 30-Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants includes information on how to leave a comment.