I need urgent advice

[Samadkhan 0]

Hi everyone, as i said i need urgent advice it's bcoz that i am on AP Since 11 JUNE 2008 and it's about 4 years so now i came to realize that i need to go for MANDAMUS law suit as soon as possible,can anyone suggest or tell me if it's the right option for me or not.Actually till now i was unaware of mandamus and i thaught that this would be the usual or normal waiting time for visa or u can say that i was asleep.

Interview date 11 june 2008.

Spouse visa.

every thing was fine in interview but i guess the region in which i live mattered for so long AP i.e Swat- Khyber pakhtonkhwa.

but i think it's too much time so kindly guide me and also if someone know best immigration lawyer in Islamabad? or i shod process the case through US attorney?

Thanks alot.

[Tygrys 143]

Good luck with this. Is your case already in the Federal Court?

In modern practice, the Court has effectively abolished the issuance of writs of mandamus, although it theoretically retains the power to issue them.

[catknit 144]

Writs of Mandamus still do come through with respect to immigration ocassionally. The case needs to be strong [ie been on AP for many years NOT many weeks]. It is cases like samadkhan that this legal option exists....Almost always the writ just forces the State Department to rule and the cases almost never make it to a judge.

Samad, is there anything "strange" about your case??? Is your wife age appropriate? Is she the same religion? Was it an arranged marriage? Did your wife get her US Citizenship through naturalization? If so, how exactly?

If everything is above board - no red flags - I would strongly suggest your wife [and her family, if need be] start calling immigration attorneys [AILA registered preferably]. Find an attorney who has filed a writ before. This is not the time to hire someone who just got out of law school or just passed the bar. Many immigration attorneys will take cases that are not local [so if your wife is in Illinois and the attorney is in Alaska - it's usually no big deal]. Make sure you and your wife tell the attorney EVERYTHING about your relationship, your marriage, your families, where you and your family are located in PK....the whole thing. The last thing you want to do is have a last minute "oh I forgot to tell you..." moment with the attorney. The writ is pretty much your last shot to get this case straight.

Have you been in touch with the consulate over the last 4 years? Did they do a field investigation?

In general, the State Department, I believe, needs to rule within 90 days of receiving the writ or it goes to court...[it may be 60 days and I'm too lazy to look it up right now].

Good luck.

Edited April 11, 2012 by catknit

[Adnan&Liane 8]

Hi Samadkhan,

I cannot believe you have waited in AP for 4 years! That is the longest AP I have heard of so far...do you have any major red flags in your case like huge age difference or any other reasons for them to doubt the relationship? Any criminal activity in the beneficiary's past? Have you tried writing to the Ambassador of Pakistan yet? or do you have a senator or congress-person involved in your case? I've heard a couple of cases get an answer by writing to the Ambassador...however, unless your case has been lost or there is another extreme circumstance I would be concerned about whether or not they plan to issue a visa after waiting so long...you may get an answer from the ambassador but it might be that they denied your visa...I would seek advice of a lawyer and get an american senator or congress-person involved before making a move...I am so sorry that you are going through this Best of luck to you!

[Samadkhan 0]

Good luck with this. Is your case already in the Federal Court?

No it's not in federal court, my mind is not yet clear completely that wether to go for mandamus is the right option for me or not.

[Samadkhan 0]

Writs of Mandamus still do come through with respect to immigration ocassionally. The case needs to be strong [ie been on AP for many years NOT many weeks]. It is cases like samadkhan that this legal option exists....Almost always the writ just forces the State Department to rule and the cases almost never make it to a judge.

Samad, is there anything "strange" about your case??? Is your wife age appropriate? Is she the same religion? Was it an arranged marriage? Did your wife get her US Citizenship through naturalization? If so, how exactly?

If everything is above board - no red flags - I would strongly suggest your wife [and her family, if need be] start calling immigration attorneys [AILA registered preferably]. Find an attorney who has filed a writ before. This is not the time to hire someone who just got out of law school or just passed the bar. Many immigration attorneys will take cases that are not local [so if your wife is in Illinois and the attorney is in Alaska - it's usually no big deal]. Make sure you and your wife tell the attorney EVERYTHING about your relationship, your marriage, your families, where you and your family are located in PK....the whole thing. The last thing you want to do is have a last minute "oh I forgot to tell you..." moment with the attorney. The writ is pretty much your last shot to get this case straight.

Have you been in touch with the consulate over the last 4 years? Did they do a field investigation?

In general, the State Department, I believe, needs to rule within 90 days of receiving the writ or it goes to court...[it may be 60 days and I'm too lazy to look it up right now].

Good luck.

Yes everything is normal, we are of same religion,it was arranged marrige,she is of my family and she is US citizen.Counslate always say through email that ur case needs further administrative process and we will inform u etc etc all that usuall stuff.

[Samadkhan 0]

Hi Samadkhan,

I cannot believe you have waited in AP for 4 years! That is the longest AP I have heard of so far...do you have any major red flags in your case like huge age difference or any other reasons for them to doubt the relationship? Any criminal activity in the beneficiary's past? Have you tried writing to the Ambassador of Pakistan yet? or do you have a senator or congress-person involved in your case? I've heard a couple of cases get an answer by writing to the Ambassador...however, unless your case has been lost or there is another extreme circumstance I would be concerned about whether or not they plan to issue a visa after waiting so long...you may get an answer from the ambassador but it might be that they denied your visa...I would seek advice of a lawyer and get an american senator or congress-person involved before making a move...I am so sorry that you are going through this Best of luck to you!

If age difference is red flag then ya we have an age difference of 10 years but why didn't the counslate showed their concern of doubt,they even didn't ask me to show ur marrige pictures at the time of my interview while i had tons of evidence to clear their doubt. Never had any criminal activity.

I havn't wrote to the ambassador nor involved any congressman or senator,actually i dont knw the procedure how to involve them,thats y my topic is i need urgent advice. Anyways Thanks alot.

[RealAI 1]

If age difference is red flag then ya we have an age difference of 10 years but why didn't the counslate showed their concern of doubt,they even didn't ask me to show ur marrige pictures at the time of my interview while i had tons of evidence to clear their doubt. Never had any criminal activity.

I havn't wrote to the ambassador nor involved any congressman or senator,actually i dont knw the procedure how to involve them,thats y my topic is i need urgent advice. Anyways Thanks alot.

10 year age difference will be a bigger red flag if your wife is 10 years older than you are. Is your wife older?

[Adnan&Liane 8]

If age difference is red flag then ya we have an age difference of 10 years but why didn't the counslate showed their concern of doubt,they even didn't ask me to show ur marrige pictures at the time of my interview while i had tons of evidence to clear their doubt. Never had any criminal activity.

I havn't wrote to the ambassador nor involved any congressman or senator,actually i dont knw the procedure how to involve them,thats y my topic is i need urgent advice. Anyways Thanks alot.

I've noticed that even when the consulate has doubts about the relationship they do not always fully investigate it during the interview or even look at the additional evidence that you've brought along...I am not sure why this is, but some have suggested it is because they have already made up their minds about your case before the interview and the interview is just a formality. I am not sure if the long AP could be because they doubt your relationship or another reason...do you have a very common name? That could cause a major delay because they have to investigate anyone with a similar name...however it should NOT take 4 years! ...Also if your wife is older than you, that may be a red flag...

I would recommend first having your wife get her senator involved...I went to my senator over my congress person because someone suggested they might have more resources to focus on my case...but first research who is in favor of immigration procedures from your wife's state...you can look online to find who her state representatives and/or senator(s) are and choose the best one...contact them right away...usually you can do it through their website...mine had a specific form for me to fill out for immigration cases (I'm from NY)...what state does your wife live in?

I would talk to a lawyer before trying to contact the ambassador, only because one of the people who I know that did this got an answer right away, but they were denied...I do not know much about this, so I would check in the Islamabad AP tracker to see if anyone else who has tried this can give you advice...I do know that you can find contact info to write the ambassador on the Islamabad website...or at least I think so...

[Samadkhan 0]

10 year age difference will be a bigger red flag if your wife is 10 years older than you are. Is your wife older?

No i am older than her, i am 30 and she is 20.

[Samadkhan 0]

I've noticed that even when the consulate has doubts about the relationship they do not always fully investigate it during the interview or even look at the additional evidence that you've brought along...I am not sure why this is, but some have suggested it is because they have already made up their minds about your case before the interview and the interview is just a formality. I am not sure if the long AP could be because they doubt your relationship or another reason...do you have a very common name? That could cause a major delay because they have to investigate anyone with a similar name...however it should NOT take 4 years! ...Also if your wife is older than you, that may be a red flag...

I would recommend first having your wife get her senator involved...I went to my senator over my congress person because someone suggested they might have more resources to focus on my case...but first research who is in favor of immigration procedures from your wife's state...you can look online to find who her state representatives and/or senator(s) are and choose the best one...contact them right away...usually you can do it through their website...mine had a specific form for me to fill out for immigration cases (I'm from NY)...what state does your wife live in?

I would talk to a lawyer before trying to contact the ambassador, only because one of the people who I know that did this got an answer right away, but they were denied...I do not know much about this, so I would check in the Islamabad AP tracker to see if anyone else who has tried this can give you advice...I do know that you can find contact info to write the ambassador on the Islamabad website...or at least I think so...

my wife lives in California and she is younger than me.

thanks i appreciate ur concern.

[catknit 144]

If you married her over 4 years ago and she's 20 now - THAT would be the problem....I'm guessing there could be state law issues with consent and all that.

What were your ages when you married????

[Samadkhan 0]

If you married her over 4 years ago and she's 20 now - THAT would be the problem....I'm guessing there could be state law issues with consent and all that.

What were your ages when you married????

No age was not a problem, she was 20 and 18 z minimum age limit,Thanks.

[catknit 144]

Ok - well that's good then!

You stated something about "she is of my family" - is she a first or second degree cousin? Again, state laws may have issues...

[Samadkhan 0]

Ok - well that's good then!

You stated something about "she is of my family" - is she a first or second degree cousin? Again, state laws may have issues...

Well i am a bit confuse about the degrees of cousin. My mother and her father are bother and sister.