Shon, I am sorry to say this. But you are an idiot and you like to butt in where your advice is not needed. This is my life on the line and obviously if I am debating to file "writ" means I have done research on it. You are right to an extend that 'writ" is to compell an government officer to make a decission and it can be a denial. But you are wrong where you say that if case is in security clearances it could be denied AS 90 percent of Writ of mandamus cases against the USCIS are of people naturalizing and getting stuck in security clearance loop holes forever.
You are right, ofcourse a decission could be a denial BUT Carl Shusterman one of the best lawyers in the US and the best immigration lawyer (www.shusterman.com) has said himself that in 30 years of his practise he has never seen a "writ" resulting into a denial.
Number 3. If I am debating doing a Writ, ofcourse I have shopped around for attornies. I have filed all my paper work through lawyers till now and actually since a writ is filed with the local district court. My attorney is charging me about 1000 along with the 350 filing fee which is very reasonable!
So now your saying that K-3 allows you to come in the US while 130 is pending wasnt it you arguing with me that no both 130 and 129 have to approved for a person to come to the US hahahahaha.
And PS filing writ against DHS and DOS is different. I am not not filing a writ against DOS. Filing writ against DOS is very trickey as laws change if you are outside the US.
Also by ME I mean my wife the US citizen the PETITIONER wanting her PETITION to be ajudicated for the BENEFICARY which is me! So stop trying to be a smart ###! You are not a law student so stop giving wrong advice to people!
QUOTE(shonjaved @ Jun 23 2006, 01:01 PM)

QUOTE(michigan @ Jun 23 2006, 09:21 PM)

I dont care about 130. i miss my wife, I want to be back on K-3. IF they dont approve 130 soon, I am going to do a writ of Mandamus, very soon!

I really hope you are just saying this as part of your "I AM VENTING right now " mode. so allow me to issue damage control here - You cant file a writ of Mandamus for several reasons. 1. I wont get into the fact that you are not USC. 2. you fail to understand what writ of Mandamus really is. 3. you are still under security checks.
The reason for my posting is to basicly knock this idea out your head and anyone elses head if they think about persuing it as well. a writ of Mandamus is in essence a law suit filed against the goverment to compell the goverment to make a decision. course, a decison could also be a denial - right? I dont think writ of Mandamus will work in your case. because, your under security checks. as long as you are under security checks you have to WAIT.
I would like to bring out 2 other intresting points. 1. I think you are aware that your k-3 has a very short
shelf life. infact most of the times when the k-3 is issued its expired. the reason for the k-3 is to allow you to be in the USA with your spouse. while you wait approval of your I-130. again, repeating your k-3 has a very short shelf life. point 2. even if you managed to find a lawyer willing to help you file writ of Mandamus
* good luck * the amount of money it takes to file one will be FRUITLESS on a K-3 visa.
how realistic is it to pay x thousands of dollers on a writ of Mandamus, when the k-3 is about to expire.
I hope this above posting -shed some light on the writ of Mandamus issues.
on the flip side what is a canidate for a writ of Mandamus.
it would be a person for example that the embassy said they will issue the visa.
and it sits and sits and sits. after 12 year no decision. thats when you would file writ of Mandamus
there is a case patel - go Google it.