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sandiego2013

Filling Writ Mandamus against The Department of State

By sandiego2013 in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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Ryan H Grand Master

Ryan H   3,790

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Filed: Lift. Cond. (apr) Country: China
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Posted

Hijack posts removed.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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JFH
JFH

That's not a reason to approve either. They are not holding you in AP while they monitor your love-life. AP is not to decide who is a good husband and father and who isn't. It goes far beyond that. It

Ebunoluwa
Ebunoluwa

What proof do you have that the embassy has the case sitting there not wanting to move forward ? It could be in external checks outside the embassy and the embassy has no control over when the check

agripa
agripa

I'm sorry you've been put through the ringer like this. However, from reading things here on VisaJourney, you're lawsuit is highly unlikely to succeed and worse, it could lead to a denial of your peti

Jenilyn and Awal Collaborator

Jenilyn and Awal   22

Posted
Filed: K-3 Visa Country: Ghana
 Timeline
Posted

If the FBI holding it up can you ask them to get moving on it? And since I'm in this same situation I'm needing information how did you find out where it was held up at? 

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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The FBI don't take requests. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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sandiego2013 Contributor

sandiego2013   3

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
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2 hours ago, Hypnos said:

The FBI don't take requests. 

They only take clearance requests from government or federal agencies.

 

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sandiego2013 Contributor

sandiego2013   3

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Filed: IR-1/CR-1 Visa Country: Egypt
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47 minutes ago, Jenilyn and Awal said:

So how did he , she , know it's stuck in FBI clearance? Thanks for any info. 

That's what the two officers stated at the second interview in the embassy. 

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Joanna_Keyvan Rookie

Joanna_Keyvan   5

Posted
Filed: IR-1/CR-1 Visa Country: Iran
 Timeline
Posted
On 2/17/2017 at 0:14 AM, sandiego2013 said:

I consider my case a little bit different than yours because the embassy acknowledged that whatever flagged me on their system was done by an agent injust me back to 2013 while I been in US, and the embassy promised to get me cleared within 4 month. And by the way I had two interview at the embassy within 20 days and both was totally about that situation.

Hi, so I'm thinking about filing too. Could you tell me what happened with your case?

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sandiego2013 Contributor

sandiego2013   3

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
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Posted
4 hours ago, Joanna_Keyvan said:

Hi, so I'm thinking about filing too. Could you tell me what happened with your case?

Actually my lawyer still working on the case to get resolved in different way than to file against the DOS. However, we giving it till the end of the year if it does not got done then he will go ahead with the Filling Writ Mandamus. 

 

My advise to you try to work out on your case with a talent lawyer in this zone who could find certain ways to resolve you case before to file Writ Mandamus because if it got denied then you case will go back to USCIS and it will take you another 10 month to move it back to the embassy.

 

 

Good luck.

 

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Jenilyn and Awal Collaborator

Jenilyn and Awal   22

Posted
Filed: K-3 Visa Country: Ghana
 Timeline
Posted
1 hour ago, sandiego2013 said:

Actually my lawyer still working on the case to get resolved in different way than to file against the DOS. However, we giving it till the end of the year if it does not got done then he will go ahead with the Filling Writ Mandamus. 

 

My advise to you try to work out on your case with a talent lawyer in this zone who could find certain ways to resolve you case before to file Writ Mandamus because if it got denied then you case will go back to USCIS and it will take you another 10 month to move it back to the embassy.

 

 

Good luck.

 

Yes ours been back to the uscis and am waiting ombudsman report next been there one year since march  so ots out dated for sure

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Joanna_Keyvan Rookie

Joanna_Keyvan   5

Posted
Filed: IR-1/CR-1 Visa Country: Iran
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18 hours ago, Jenilyn and Awal said:

Yes ours been back to the uscis and am waiting ombudsman report next been there one year since march  so ots out dated for sure

Oh my gosh, you filed a writ of mandamus and it got rejected? Or am I misunderstanding?

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Jenilyn and Awal Collaborator

Jenilyn and Awal   22

Posted
Filed: K-3 Visa Country: Ghana
 Timeline
Posted
20 minutes ago, Joanna_Keyvan said:

Oh my gosh, you filed a writ of mandamus and it got rejected? Or am I misunderstanding?

No didn't file a writ of mandimus that just piss them off and they deney , it was returned after first interview no intent to deny or anything since its back at uscis says it's in investigation stage which is a bull ####### way to say wait noting has happened no one assigned to the case nothing . Our country's immigration system is just insane ! 

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SY Afghanistan Apprentice

SY Afghanistan   0

Posted
Filed: AOS (pnd) Country: Afghanistan
 Timeline
Posted
On 2/16/2017 at 10:51 PM, sandiego2013 said:

Actually my lawyer has similar case back to April 2016 and was on AP for 2 years and the applicant got his visa within 60 days of filing writ mandamus.

 

Hi. What is the name and contact of your lawyer? I need to file rit of mandamus and am looking for a lawyer already experienced in this.

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SY Afghanistan Apprentice

SY Afghanistan   0

Posted
Filed: AOS (pnd) Country: Afghanistan
 Timeline
Posted
On 2/16/2017 at 9:11 PM, sandiego2013 said:

My wife and I willing to file a Writ Mandamus at Federal Court in CA against the Department Of State and US Embassy in Egypt to give a decision on our case that been stuck in US Embassy for more than a year with no reason. I guess that's the only way we can get them to whether approve or denied it, otherwise it will be there forever. 
 

Please I need to know if anyone here in VJ had filed like this of cases.

 

 

Thanks

 

Hi. Did you file rit mandamus? How was the experience? What was the result was it positive? I need filing it too so please help me.

Thanks.

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  • 7 months later...
letitgo Explorer

letitgo   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
On 6/27/2017 at 3:43 PM, Joanna_Keyvan said:

Hi, so I'm thinking about filing too. Could you tell me what happened with your case?

hello, can you please let me know if you filed. and what happened thanks a lot

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Joanna_Keyvan Rookie

Joanna_Keyvan   5

Posted
Filed: IR-1/CR-1 Visa Country: Iran
 Timeline
Posted
18 hours ago, letitgo said:

hello, can you please let me know if you filed. and what happened thanks a lot

Yes, we filed in October 2017, and my husband's visa was issued in November. He arrived in the US Nov. 16, 2017. It was totally worth the money. My husband is from Iran, so if you or your spouse is from Iran, it won't work any more because of the travel ban. 

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