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molly35

Sue USCIS for a decision

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Hi Guys,

So we filed in November and still have yet to get our NOA2!!!

I have called USCIS a gazillion times, contacted out congressman etc....

So a familt friend who is an imigration lawyer and has been very kind to give free advice through this process said the only other thing we can do is sue the USCIS to force them to make a decision on the case..

Does anyone have any experience with this?

Anyone else waiting 290 days??

needless to say we are beyond frustrated!!!!

thanks everyone

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Wow that is insane - 9 months!!! Did you call up and made an inquiry?


Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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Hi Guys,

So we filed in November and still have yet to get our NOA2!!!

I have called USCIS a gazillion times, contacted out congressman etc....

So a familt friend who is an imigration lawyer and has been very kind to give free advice through this process said the only other thing we can do is sue the USCIS to force them to make a decision on the case..

Does anyone have any experience with this?

Anyone else waiting 290 days??

needless to say we are beyond frustrated!!!!

thanks everyone

I have nothing to offer, but to say they would certainly deserve a lawsuit for neglecting a decision in your case. It feels as if they can play with peoples lives because no one EVER holds them accountable. I wonder if there has been other lawsuits or even if you CAN sue.

Edited by MaryNYC

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If your immigration lawyer meant a Writ of Mandamus, then it is worth the effort, at 290 days. It is not really a lawsuit per se. A WOM is a court decision demanding that the USCIS make a decision in your case. It does not mandate what the decision should be, but it does make the USCIS - in this case - get on with your case.

Any other type of lawsuit would be a waste of court time and money.

Good luck!


200px-FSM_Logo.svg.png


www.ffrf.org




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thanks everyone. Yes this is crazy. I am going to wait till the 18th of this month as Adam (the attorney) is suppose to hear from a liason by this date...

So we will see what happens but it is beyond ridiculous.

I call the 1800 number but they are all morons so I don't even bother anymore!!

I will let you all know what happens.

thanks for all the advice!

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It sometimes happens that a case has a longer processing time for whichever reason. Have you tried scheduling an infopass appointment and inquire about your petition/case status?

If your petition is held up in background checks, there's nothing you can do to speed up the process. There was a fellow filer in the Oct 2010 group who waited around 10 months for a decision.

Suing USCIS is not a reality. Their goal is 5 months but it's not a promise that your case will get adjudicated at the 5 months mark(unfortunately). Every case is unique, and even if it was the case that USCIS lost some of the petition, you most likely will get an RFE for missing paperwork but they won't admit to having lost it.

Am sorry about the wait, it's frustrating for sure.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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My case is now 11months today and no NOA2.its in CSC and transfer to VSC after 5months.presently its has spend 6months with VSC.we have called ,involved congressman but the response was that they are doing additional review.don't know what else to do.so you are not alone.

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I don't have any legal advice, I just wanted to wish you luck on getting an approval soon. That's absolutely absurd that your application has gone untouched.


October 2007- Became friends gaming onlineJanuary 16, 2009- Met in person in UKDecember 25, 2011- Ten visits later, engaged!February 24, 2012- I-129F SentFebruary 29, 2012- NOA 1 ReceivedJuly 13, 2012- RFE email sad.pngJuly 20, 2012-RFE response mailed to CSCJuly 24, 2012-RFE response reviewJuly 26, 2012-NOA2!!!!July 30, 2012-NOA2 Hardcopy ReceivedAugust 3, 2012-NVC received case and forwarded to LondonAugust 6, 2012-Case received by LondonAugust 13, 2012-Packet 3 sent out by consulateAugust 15, 2012-Packet 3 receivedAugust 23, 2012-Mailed affidavit and original forms to Rob via express mailAugust 30, 2012-MedicalSeptember 3, 2012-Packet 3 sent to embassy with DS-2001September 4, 2012-Packet 3 and DS-2001 arrive in LondonSeptember 26, 2012-Packet 4 receivedOctober 11, 2012- lnterview- Result: APPROVEDOctober 18, 2012-Visa in handNovember 15, 2012- POE-ORDNovember 21, 2012- Legal wedding!!November 30, 2012- Applied for SSNDecember 7, 2012- SSN card came in mailDecember 20, 2012- AOS/EAD/AP sent outDecember 27, 2012-AOS/EAD/AP Text/email confirmationDecember 31, 2012-AOS/EAD/AP NOA1 received in mailJanuary 22, 2013-Biometrics appointmentFebruary 15, 2013- EAD/AP approvedFebruary 27, 2013- EAD/AP card arrived in mailApril 6, 2013- Big family wedding!!August 12, 2013-AOS text/email- APPROVED!! <p>May 16, 2015- ROC package sent to CSC August 15, 2015- ROC Approved!

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Hi Guys,

So we filed in November and still have yet to get our NOA2!!!

I have called USCIS a gazillion times, contacted out congressman etc....

So a familt friend who is an imigration lawyer and has been very kind to give free advice through this process said the only other thing we can do is sue the USCIS to force them to make a decision on the case..

Does anyone have any experience with this?

Anyone else waiting 290 days??

needless to say we are beyond frustrated!!!!

thanks everyone

How about trying and Infoapass and/or the Ombudsman??

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I'm not a lawyer, and I certainly don't blame you for feeling the way you do, but when it comes to anything legal, Im under the impression that it's generally a good idea to keep it out of the public eye. I certainly wouldn't want anything to impede on a case for you, especially after this long!

Good luck!

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All i can say is that the system sucks big time, we will never know why it takes soooo long to get an approval...... i know a couple that just approved and they waited for almost 2 years for it. It just doesn't make one sense...... i hope you get your approval soon.


Philippians 4 vs 6-7

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there is a member here that did this and has a complete set of what you must do before filing the Writ of Mandamus the members name is gogo he even has a list of everyone to contact.......the only thing that i would worry about is if its in "security checks" at this point in time the court can force them to make a decision but it could be a denial based on the fact that your petition is still in security checks .......my first go around it was two years before we received the noa2 we also considered the Writ of Mandamus but after talking to several repeatable immigration attorneys and finding out that it could result in denial based one what i just told you we decided to wait it out........still didn't receive a visa the embassy sent it back as expired petition after messing around with us for a few months but if your determined to file the Writ of Mandamus please look at member gogo profile there are many steps you have to take before you can file it

sara

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