Mandamus

[robert&thuong 0]

Hi I am a new member, have read threats/topics, but there is little topic about a Mandamus. I am interesting to file mandamus.

Here short version of my story K1. My wife had interview on 12/15/2011, received blue slip. 1/18/2012 sumitted additional documents, then OC collected my wife and children passports and informed them that the visa will be sent out to you within 2 to 3 weeks. A week later 1/27/2012, OC called my wife home phone stated that they can not issue visa to you at this time, you want to pick up your passport in person or we will mail it to you. On 2/3/2012, my wife received an envelope, inside included passports and another blue slip, stated that your case required additional processing, you do not need to submit further documents. We will contact you when we have finished your case. On 2/14/2012, I had my lawyer and senator email inquiry to consulate office Ho Chi Minh City. A week later, Senator/Lawyer received an email stated that they can not operate out of sequent according to us law.

My questions: should I wait until 120 to 150 days before file a mandamus? I know all of us have been dealing with this process. Please your advises will be thankful.

[Penguin_ie 5,994]

Not sure on the mandamus, but is she your wife or fiance?

[robert&thuong 0]

She is my wife.

[Penguin_ie 5,994]

That is the problem then, you went for the wrong visa- K1 are fiance visas, you'd need to be unmarried to get one.

[ScottThuy 140]

Hi I am a new member, have read threats/topics, but there is little topic about a Mandamus. I am interesting to file mandamus.

Here short version of my story K1. My wife had interview on 12/15/2011, received blue slip. 1/18/2012 sumitted additional documents, then OC collected my wife and children passports and informed them that the visa will be sent out to you within 2 to 3 weeks. A week later 1/27/2012, OC called my wife home phone stated that they can not issue visa to you at this time, you want to pick up your passport in person or we will mail it to you. On 2/3/2012, my wife received an envelope, inside included passports and another blue slip, stated that your case required additional processing, you do not need to submit further documents. We will contact you when we have finished your case. On 2/14/2012, I had my lawyer and senator email inquiry to consulate office Ho Chi Minh City. A week later, Senator/Lawyer received an email stated that they can not operate out of sequent according to us law.

My questions: should I wait until 120 to 150 days before file a mandamus? I know all of us have been dealing with this process. Please your advises will be thankful.

They can delay the case for a year or more if the CO wants.. take a read through of the AP pinned topic in the VN regional.. a WoM cn take well over a year to get heard and rarely get any results... All the CO has to do is say that they are performing an investigaton... There is no time requirement... Nobody, and I mean by law, nobody, no senator, no lawyer etc. can make the CO issue the visa...

She is my wife.

wife?

start filling out an I130....

[Darnell 8,478]

I think you have a procedural error that will be corrected in another 60 days.

It's this -

yer married, but you filed for a K-1 visa.

IMO - The IV unit has 'caught' this, and they're doing other stuff to set up a denial and/or intent to revoke on the visas.

At this point, call into the DoS Hotline (click the girls under my name, DoS Hotline # is there),

get a Human,

and ask directly 'Is the casefile under administrative processing or has anything been started for revocation?'

Then let us know the answers...

Good Luck !

[Sandra G. 5,051]

First of all she is your wife than k1 visa is not the right path to bring your wife to the USA, but the CR1, and if you are married more than one year the IR1. The writ of mandamus is for you to filed a Lawsuit against United States Government in Federal District Court for delayed processing of Immigration Application.I don't see any delay here, you made a mistake, it's not their fault.

[robert&thuong 0]

They can delay the case for a year or more if the CO wants.. take a read through of the AP pinned topic in the VN regional.. a WoM cn take well over a year to get heard and rarely get any results... All the CO has to do is say that they are performing an investigaton... There is no time requirement... Nobody, and I mean by law, nobody, no senator, no lawyer etc. can make the CO issue the visa...

wife?

start filling out an I130....

ScottThuy, I think my lawyer already filled out i130, I have to recheck to make sure. Thanks

[robert&thuong 0]

That is the problem then, you went for the wrong visa- K1 are fiance visas, you'd need to be unmarried to get one.

Yes, As ScottThuy stated it, My lawyer already filled out i130. Thanks

[Penguin_ie 5,994]

Then you need to formally withdraw the K1, stating you made a mistake. The I-130 isn't something you can add to your existing petition, you need to start from the beginning again.

If your laywer knew you were married and let you file the K1, fire him, he is worse than useless, what you did could be seen as immigration fraud.

[ScottThuy 140]

Too much that is not clear here.. did you actually file a K1 or just think you filed a K1? K1 is for unmarried couples only. If the attorney knew it was your 'wife' from the start then I don't suspect they would have filed a K1, maybe a K3... If the attorney in fact filed a CR1 / I130 fom the start, then the result is likely that you re in AP...

contact your Attorney and ask specifically what petiton was filed, K1 or CR1.. or maybe K3... from there we will be able to get better feedback for you.. calling DoS could yield some info... my bet is that they will say its under review or undergoing AP...

I have heard of the VN consulate approving a visa and then second guessing things before... been a few years though

[Darnell 8,478]

ya, it may be that he's confused about the I-129F - as both are needed for a K-1 and K-3.

For a K-3, though - the I-130 was filed, ages past.

to the OP - please pull out your petition receipt notice or notices, read the subject line on each , let us know what types of petitions you've applied for ?

[robert&thuong 0]

Hi everyone

As I stated that I was on K1 prior threat, but I informed by the lawyer, I am on CR1. Therefore the precedural was correct. Thank you for every advice.

[JimVaPhuong 4,863]

Hi everyone

As I stated that I was on K1 prior threat, but I informed by the lawyer, I am on CR1. Therefore the precedural was correct. Thank you for every advice.

Ok, then you're in AP.

I would hold off on filing a writ of mandamus. The only thing this will do is force the agency to respond within 60 days. Given that the consulate has complete discretion, and their decisions are not subject to review by the court, if you force them to respond then their answer is going to be "No". I can almost guarantee it. This is NOT a position you want to be in with a CR1 visa petition as you'll have no option to move forward. You'll have to wait for the petition to go back to USCIS and be readjudicated, and that could add months to your wait. In other words, by trying to force them to move faster you may actually end up making things go much much slower.

Just wait and let the consulate make the next move. It sounds like they were almost ready to issue the visa, so they may be more inclined at this point to say "Yes" if you give them sufficient time to make a decision.

[Darnell 8,478]

Jim - it's not going back, yet, right? I think it's in AP, at the moment.

To the OP - call the DoS Hotline, every few days, inquire for casefile status.